Opinion
2008-01486 Attorney Registration No. 1524636 M149420
01-10-2013
In the Matter of Joseph Foglia, admitted as Joseph A. Foglia, a suspended attorney.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
DECISION & ORDER ON MOTION FOR REINSTATEMENT
Motion by Joseph Foglia for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Foglia was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968, under the name Joseph A. Foglia. By decision and order on motion dated May 9, 2008, this Court suspended Mr. Foglia, pursuant to Judiciary Law § 90(4)(f), based on his guilty plea in the United States District of Court, District of New Jersey, on November 27, 2007, to one count of tax evasion, in violation of 26 USC § 7201, and one count of making false statements, in violation of USC §§ 1001 and 1002. On September 26, 2008, Mr. Foglia was sentenced to a term of incarceration of one year and one day on each of the two counts, to be served concurrently, to be followed by a two-year term of supervised release. In addition, Mr. Foglia was directed to pay a special assessment of $200. By decision and order on application of this Court dated May 19, 2009, following receipt of a certified copy of the Judgment of Conviction from the United States District Court, District of New Jersey, this Court authorized the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to institute and prosecute a disciplinary proceeding against Mr. Foglia based on his conviction of a serious crime. By decision and order on motion of this Court dated December 24, 2009, the Grievance Committee 's motion to hold the previously authorized disciplinary proceeding in abeyance and to strike Mr. Foglia's name from the roll of attorneys based on his conviction of 18 USC § 1001, a federal felony, was denied. By opinion and order of this Court dated June 28, 2011, Mr. Foglia was suspended from the practice of law for a period of three years, with credit for the time he had been suspended under the interim suspension.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on Mr. Foglia's current fitness to practice law.
ENG, P.J., MASTRO, RIVERA, SKELOS and DICKERSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court