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In re Cofino

Citations: 247 A.D.2d 215; 671 N.Y.S.2d 965; 1998 N.Y. App. Div. LEXIS 2101

Court: Appellate Division of the Supreme Court of the State of New York; February 2, 1998; New York; State Appellate Court

Narrative Opinion Summary

Motion for reinstatement granted, directing the matter to be referred back to the Departmental Disciplinary Committee for a hearing. The petitioner must demonstrate, by clear and convincing evidence, compliance with the suspension order, possess the necessary character and fitness to practice law, and meet the reinstatement standards outlined in section 603.14 (b) of the Rules of this Court (22 NYCRR 603.14 [b]). No opinion provided. Concurrence by Sullivan, J.P., Rosenberger, Ellerin, Williams, and Tom, JJ.

Legal Issues Addressed

Burden of Proof for Reinstatement

Application: The petitioner is required to prove their eligibility for reinstatement by clear and convincing evidence.

Reasoning: The petitioner must demonstrate, by clear and convincing evidence, compliance with the suspension order, possess the necessary character and fitness to practice law, and meet the reinstatement standards outlined in section 603.14 (b) of the Rules of this Court (22 NYCRR 603.14 [b]).

Reinstatement of a Suspended Attorney

Application: The court grants the motion for reinstatement, contingent upon the petitioner demonstrating compliance with specific requirements set forth by the disciplinary rules.

Reasoning: Motion for reinstatement granted, directing the matter to be referred back to the Departmental Disciplinary Committee for a hearing.

Standards for Reinstatement Under 22 NYCRR 603.14 (b)

Application: The standards for reinstatement require compliance with prior suspension orders and assessment of the petitioner's character and fitness to practice law.

Reasoning: The petitioner must demonstrate, by clear and convincing evidence, compliance with the suspension order, possess the necessary character and fitness to practice law, and meet the reinstatement standards outlined in section 603.14 (b) of the Rules of this Court (22 NYCRR 603.14 [b]).