Opinion
Motion No. 2023-04918 Case No. 2019-05572
02-22-2024
In the Matter of Ignacio M. Foncillas (admitted as Ignacio Maria Foncillas) (OCA Atty. Reg. No. 2523132), a suspended 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Unpublished Opinion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. Sallie Manzanet-Daniels, Troy K. Webber Jeffrey K. Oing Anil C. Singh Marsha D. Michael, Justice Presiding, Justices.
An order of this Court having been entered on May 13, 2021 (Motion No. 2021-01092), granting the parties' joint motion for discipline by consent and suspending petitioner (who was admitted, as Ignacio Maria Foncillas, 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 January 11, 1993) from the practice of law in the State of New York for a period of one year, effective nunc pro tunc to June 25, 2020, and until further order of this Court, And petitioner, by his attorney, Hal R. Lieberman, Esq., having moved this Court on December 18, 2023, for an order, pursuant to 22 NYCRR 1240.16, reinstating him 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 8, 2023, stating that it opposes petitioner's reinstatement but requests, if this Court deems it appropriate, that the matter be referred to a referee for a hearing and report as to whether petitioner meets the criteria for reinstatement under 22 NYCRR 124o.16(a), And The Lawyers' Fund for Client Protection having submitted a letter dated November 14, 2023, stating that it does not oppose petitioner's motion for reinstatement,
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 Mark J. Fitzmaurice, Esq., 15 Chester Avenue, White Plains, NY 10601, (914) 437-9057, mfitzwalsh@optonline.net, as Referee, to conduct a hearing where petitioner will have the burden of establishing by clear and convincing evidence that he has fully complied with the order of suspension 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). 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.