Opinion
PM–147–21
11-04-2021
In the MATTER OF Jonathan Marc BINSTOCK, a Resigned Attorney. (Attorney Registration No. 4580494)
Jonathan Marc Binstock, Potomac, Maryland, pro se. Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Jonathan Marc Binstock, Potomac, Maryland, pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.
Before: Garry, P.J., Egan Jr., Clark, Reynolds Fitzgerald and Colangelo, JJ.
MEMORANDUM AND ORDER ON MOTION
Per Curiam.
Jonathan Marc Binstock was admitted to practice by this Court in April 2008 after previously being admitted to practice in his home state of Maryland in June 2000. Binstock resigned from the New York bar for nondisciplinary reasons by leave of this Court in August 2010. Binstock now applies for reinstatement to the practice of law in New York (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.22 [b]; Rules of App.Div., 3d Dept [ 22 NYCRR] § 806.22 [b]). The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) advises that it opposes Binstock's application based upon certain identified omissions; however, Binstock has since supplied the missing information by reply affidavit. An attorney seeking reinstatement following nondisciplinary resignation must make his or her application by standardized form affidavit as provided in appendix F to Rules for Attorney Disciplinary Matters ( 22 NYCRR) § 1240.22(b), and provide notice of the application to AGC (see Rules of App.Div., 3d Dept [ 22 NYCRR] § 806.22 [b]). In seeking reinstatement, an applicant "should establish both the requisite legal education or experience and the necessary character and fitness as would be required of an applicant for admission in the first instance" ( Matter of Tuve, 171 A.D.3d 1392, 1393, 98 N.Y.S.3d 355 [2019] [internal quotation marks and citation omitted]; see Matter of Weiss, 166 A.D.3d 1159, 1160, 86 N.Y.S.3d 327 [2018] ; compare Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a] [requiring disbarred or suspended attorneys to additionally show that reinstatement would be in the public interest]).
Here, we find that Binstock has properly completed the required form affidavit, which raises no concerns about his character and fitness to resume the practice of law in this state. Further, Binstock provides proof that he has remained current with developments in the law by completing sufficient credits of continuing legal education that would potentially satisfy his attorney registration requirements in this jurisdiction were he to be reinstated (see generally Rules of App.Div., All Depts [ 22 NYCRR] § 1500.22 ). Accordingly, having determined that Binstock has the required legal training and the necessary character and fitness, we grant his application and restore his name to the roll of attorneys and counselors-at-law, effective immediately (see Matter of Rosales, 174 A.D.3d 1280, 1281, 102 N.Y.S.3d 900 [2019] ; Matter of Gaudioso, 159 A.D.3d 1217, 1218, 70 N.Y.S.3d 93 ).
Garry, P.J., Egan Jr., Clark, Reynolds Fitzgerald and Colangelo, JJ., concur.
ORDERED that Jonathan Marc Binstock's application for reinstatement is granted; and it is further
ORDERED that Jonathan Marc Binstock's name is hereby restored to the roll of attorneys and counselors-at-law of the State of New York, effective immediately; and it is further
ORDERED that Jonathan Marc Binstock shall, within 30 days of the date of this decision, file an attorney registration statement with the Chief Administrator of the Courts pursuant to Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1.