Opinion
Motion No. 2023-03991 Case No. 2013-00311
11-21-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Presiding Justice, Sallie Manzanet-Daniels Barbara R. Kapnick Troy K. Webber Kelly O'Neill Levy, Justices.
An order of this Court having been entered on July 23, 2013 (M-1759), disbarring petitioner (who was admitted 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 of New York for the First Judicial Department on October 30, 2003) from practice as an attorney and counselor-at-law in the State of New York, effective nunc pro tunc to November 27, 2012, And an order of this Court having been entered on February 21, 2023 (Motion No. 2022-04303) granting petitioner's motion for reinstatement to the extent of assigning Bruce N. Lederman, Esq., as Referee, to conduct a hearing where petitioner would have the burden of establishing by clear and convincing evidence that he has fully complied with the order of disbarment and the Rules of this Court, that he possesses the requisite character and general fitness to resume the practice of law, and that he otherwise meets the standards for reinstatement set out in 22 NYCRR 1240.16(a), And the Referee, by report dated July 20, 2023, having recommended that petitioner be reinstated to the practice of law without condition, And petitioner, by his attorney, Hal R. Lieberman, Esq., having moved this Court on September 25, 2023, for an order confirming the Report of the Referee, dated July 20, 2023, and reinstating petitioner, without condition, to the Bar of the State of New York, pursuant to 22 NYCRR 1240.16,
And the Attorney Grievance Committee, by Jorge Dopico, its Chief Attorney (Louis J. Bara, of counsel), having submitted an affirmation dated September 14, 2023 stating that it does not oppose petitioner's reinstatement, but requesting that any such reinstatement be conditioned upon petitioner's participation in the New York City Bar Association Lawyer Assistance Program for a period of at least six months, 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, the report and recommendation of the Referee is confirmed, and petitioner Tabber B. Benedict is reinstated without condition as an attorney and counselor-at-law in the State of New York, effective the date hereof. Petitioner Tabber B. Benedict is directed to immediately register with, and pay to, the Office of Court Administration any applicable registration fees in compliance with Judiciary Law § 468-a.