Opinion
Motion No. 2023-05183 Case No. 2023-06041
02-08-2024
In the Matter of Valerie S. Amsterdam (OCA Atty. Reg. No. 1049881), a disbarred attorney: Petitioner, For Reinstatement to the Bar of the State of New York, Attorney Grievance Committee for the First Judicial Department, Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Jeffrey K. Oing, Justice Presiding, Lizbeth González, Manuel J. Mendez, John R. Higgitt, Llinét M. Rosado, Justices.
An order of this Court having been entered on December 15, 2005, disbarring petitioner (who was admitted, as Valerie Szymanski, to practice as an attorney and counselor-at-law in the State of New York at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on February 22, 1977), pursuant to Judiciary Law § 90(4)(a), based upon her conviction of a felony as defined in Judiciary Law § 90(4)(e), effective nunc pro tunc to April 4, 2005, And petitioner, by her attorney, Sarah Diane McShea, Esq., having moved this Court on December 18, 2023, for an order, pursuant to 22 NYCRR 1240.16, reinstating her as an attorney and counselor-at-law in the State of New York, And the Attorney Grievance Committee, by Jorge Dopico, its Chief Attorney (Raymond Vallejo, of counsel), having submitted an affirmation in opposition, dated December 6, 2023, stating, inter alia, that it opposes petitioner's reinstatement based on her papers alone, but does not oppose referral of her application to a referee for a hearing and report concerning whether petitioner satisfies the standard for reinstatement as set forth in 22 NYCRR § 1240.16, And petitioner, by her attorney, having submitted a reply, dated December 12, 2023, stating that she does not oppose referring the matter to a referee, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is unanimously,
Ordered that the motion is granted to the extent of referring this matter to Lester Adler, 15 Scarsdale Farm Road, Scarsdale, NY 10583, (914) 263-7733, lesadler@aol.com, as Referee, to conduct a hearing at which petitioner Valerie S. Amsterdam will have the burden of establishing by clear and convincing evidence that she possesses the requisite character and general fitness to resume the practice of law, and that she otherwise meets the standards for reinstatement set out in 22 NYCRR 1240.16(a). The Referee shall hold and complete the hearing within 60 days from the date of entry hereof and issue a report and recommendation to this Court.