Narrative Opinion Summary
Gary R. DeFilippo, a disbarred attorney, filed a motion for reinstatement to the Bar. He was originally admitted on January 10, 2001, but was disbarred effective November 14, 2008, due to a felony conviction. A prior motion for reinstatement was held in abeyance as of June 9, 2016, pending an investigation by the Committee on Character and Fitness regarding his character and fitness to practice law. After reviewing the supporting documents and the Committee's report, the Appellate Division, Second Department, granted DeFilippo's motion for reinstatement. Consequently, he was reinstated as an attorney and counselor-at-law, and his name was ordered to be restored to the roll of attorneys. The decision was made by Justices Eng, Mastro, Rivera, Dillon, and Leventhal, with the order entered by Clerk of the Court Aprilanne Agostino.
Legal Issues Addressed
Investigation by Committee on Character and Fitnesssubscribe to see similar legal issues
Application: The court's decision to grant reinstatement was contingent upon a favorable report from the Committee on Character and Fitness, which had previously delayed the motion pending their investigation.
Reasoning: A prior motion for reinstatement was held in abeyance as of June 9, 2016, pending an investigation by the Committee on Character and Fitness regarding his character and fitness to practice law.
Judicial Review and Approvalsubscribe to see similar legal issues
Application: The Appellate Division, Second Department, reviewed the case and supporting documents, ultimately deciding in favor of reinstatement, thereby restoring the applicant's status as an attorney.
Reasoning: After reviewing the supporting documents and the Committee's report, the Appellate Division, Second Department, granted DeFilippo's motion for reinstatement.
Reinstatement of Disbarred Attorneyssubscribe to see similar legal issues
Application: The court considered a motion for reinstatement after a disbarment due to a felony conviction, assessing the applicant's character and fitness to practice law before granting reinstatement.
Reasoning: Gary R. DeFilippo, a disbarred attorney, filed a motion for reinstatement to the Bar. He was originally admitted on January 10, 2001, but was disbarred effective November 14, 2008, due to a felony conviction.