Reinstated With A Condition

A Petitioner who had been disbarred by consent for misappropriation and subsequently disbarred in New York has been reinstated by the New York Appellate Division for the Third Judicial Department

Here, respondent has addressed the factors that led to his misconduct before the subcommittee and also provided character testimony before the subcommittee from a New York attorney and long-time friend who "described respondent’s remorse for his previous actions and the grief it caused himself, his family and his community." Further, by correspondence dated May 8, 2023, his employer touts that respondent "has demonstrated outstanding character and is a professional in his position and responsibilities." Respondent stated before the subcommittee that he "regret[s] what [he] did every day of [his] life" and noted that this reinstatement, and the ensuing appearance before the subcommittee is "probably the most important moment of [his] life." Overall, we find, as the subcommittee determined, that "there are not only no causes for concern, but there is also substantial material showing upstanding moral character over the spectrum of respondent's life activities."

Condition

However, to ensure that the public is more adequately protected and that "no detriment will inure to the public as a consequence of his reinstatement," we agree with the subcommittee that an additional safeguard is necessary (Matter of Shmulsky, 219 AD3d at 1047). Accordingly, we reinstate respondent to the practice of law, effective immediately, upon the condition that respondent not be the sole signatory of any special account established for the handling of funds incident to his practice of law (see generally Rules of Prof Conduct [22 NYCRR 1200.0] rule 1.15). Respondent may apply to this Court to terminate this condition of his reinstatement after a period of two years from the date of this order.

(Mike Frisch)