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Attorneys in Violation of Judiciary Law § 468-A. v. Brian

Supreme Court, Appellate Division, Third Department, New York.
Aug 15, 2019
175 A.D.3d 826 (N.Y. App. Div. 2019)

Opinion

PM-124-19

08-15-2019

In the Matter of ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a. v. Dorothy Elizabeth BRIAN, Also Known as Elizabeth Brian on Motion Moss, Respondent. (Attorney Registration No. 4322285)

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department. Dorothy Elizabeth Brian, Cherry Hills Village, Colorado, respondent pro se.


Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

Dorothy Elizabeth Brian, Cherry Hills Village, Colorado, respondent pro se.

DECISION AND ORDER ON MOTION Motion by respondent for an order reinstating her to the practice of law following her suspension by May 2019 order of this Court ( Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 A.D.3d 1706, 104 N.Y.S.3d 211 [2019] ; see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 ; Rules of App Div, 3d Dept [ 22 NYCRR] § 806.16 ).

Upon reading respondent's affidavit with exhibits sworn to May 30, 2019 and her supplemental affidavit with exhibits sworn to July 17, 2019, and upon reading the correspondence by the Attorney Grievance Committee for the Third Judicial Department in response dated July 3, 2019, and having determined, by clear and convincing evidence, that (1) respondent has complied with the order of suspension and the Rules of this Court, (2) respondent has the requisite character and fitness to practice law, and (3) it would be in the public interest to reinstate respondent to the practice of law (see Matter of Attorneys in Violation of Judiciary Law § 468-a [Serbinowski], 164 A.D.3d 1049, 1050, 85 N.Y.S.3d 232 [2018] ; Matter of Attorneys in Violation of Judiciary Law § 468–a [Squires], 153 A.D.3d 1511, 1513, 60 N.Y.S.3d 604 [2017] ), it is

ORDERED that respondent's motion for reinstatement is granted; and it is further

ORDERED that respondent is reinstated as an attorney and counselor-atlaw, effectively immediately.

Lynch, J.P., Clark, Mulvey, Aarons and Rumsey, JJ., concur.


Summaries of

Attorneys in Violation of Judiciary Law § 468-A. v. Brian

Supreme Court, Appellate Division, Third Department, New York.
Aug 15, 2019
175 A.D.3d 826 (N.Y. App. Div. 2019)
Case details for

Attorneys in Violation of Judiciary Law § 468-A. v. Brian

Case Details

Full title:In the Matter of ATTORNEYS IN VIOLATION OF JUDICIARY LAW § 468-a. v…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Aug 15, 2019

Citations

175 A.D.3d 826 (N.Y. App. Div. 2019)
104 N.Y.S.3d 547