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Matter of Finamore

Citation: 2022 NY Slip Op 04776Docket: PM-140-22

Court: Appellate Division of the Supreme Court of the State of New York; July 28, 2022; New York; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, an attorney who had resigned from practicing law in New York for nondisciplinary reasons sought reinstatement. The applicant, who maintained good standing as an attorney in Washington State, applied for reinstatement by submitting the necessary standardized affidavit and notifying the Attorney Grievance Committee. The key legal issues involved evaluating whether the applicant met the character and fitness requirements and had maintained sufficient legal education equivalent to the standards at initial admission to practice law. The court found that the applicant fulfilled all necessary criteria for reinstatement, including the submission of an affidavit that raised no concerns about his character and fitness and evidence of ongoing legal education. Consequently, the court granted the application for reinstatement, restoring the applicant's name to the roll of attorneys and counselors-at-law in New York, effective immediately. The applicant was also required to file an attorney registration statement within 30 days of the decision.

Legal Issues Addressed

Continuing Legal Education Requirement for Reinstatement

Application: An attorney must provide evidence of ongoing legal education to meet the experience requirements for reinstatement.

Reasoning: He also provided evidence of ongoing legal education, meeting the requisite legal experience for reinstatement.

Evaluation of Character and Fitness for Reinstatement

Application: The applicant must show no concerns regarding character and fitness, similar to the standards at initial admission, to be reinstated.

Reasoning: Finamore submitted the required affidavit, which raised no concerns regarding his character and fitness.

Reinstatement of Attorneys Resigned for Nondisciplinary Reasons

Application: An attorney seeking reinstatement must submit a standardized affidavit and demonstrate continued legal education and character fitness equivalent to initial admission requirements.

Reasoning: To be reinstated after a nondisciplinary resignation, an attorney must submit a standardized affidavit and notify the Attorney Grievance Committee.