Thursday, September 17, 2020

Unsupported Petition Denied

The New York Appellate Division for the Third Judicial Department has denied a petition for reinstatement

respondent's application lacks certain required proof and documentation, such as all copies of any filed income tax returns. Further, petitioner points out that the majority of respondent's statements in his affidavit are incomplete and/or unsupported. Of greatest concern, however, is the proof in the record that respondent remains in significant arrears in overdue child support payments, with the current amount totaling over of $36,000. Under these circumstances, we find that respondent's application for reinstatement must be denied.

Further

Turning to the parties' remaining motions, we agree with petitioner that respondent's separate motion seeking diverse orders granting him, among other things, immediate reinstatement to the New York bar and the expungement of his disciplinary history are not only lacking in merit, but are substantially the same as previous motions brought by respondent that were also denied on the merits. Under the circumstances, we further grant petitioner's cross motion and enjoin respondent from bringing any motion, application or proceeding in this Court, other than an application for reinstatement pursuant to Rules for Attorney Disciplinary Matters (22 NYCRR) § 1240.16 and Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16, without prior leave of this Court (see e.g. Matter of Marin, 162 AD3d 1198 [2018]; Matter of Shieh, 162 AD3d 1393 [2018]).

Ah, memories. I prosecuted the D.C. reciprocal discipline  of the last cited Respondent. Counsel for the Respondent was the present Disciplinary Counsel. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2020/09/the-new-york-appellate-division-for-the-third-judicial-department-has-denied-a-petition-for-reinstatement-respondents-applic.html

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