Opinion
12-15-2016
In the Matter of Justin D. HERZOG, a Disbarred Attorney. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Justin D. Herzog, Respondent. (Attorney Registration No. 3939162).
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for petitioner. Justin D. Herzog, Plattsburgh, respondent pro se.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for petitioner.
Justin D. Herzog, Plattsburgh, respondent pro se.
Before: McCARTHY, J.P., GARRY, DEVINE, CLARK and AARONS, JJ.
PER CURIAM.Respondent was admitted to practice by this Court in 2001 and is a resident of Clinton County. Following respondent's plea of guilty to a “serious crime” (Judiciary Law § 90[4][d] ), namely, two counts of forgery in the third degree, a class A misdemeanor (see Penal Law § 170.05 ), this Court disbarred respondent by order entered June 12, 2008 (52 A.D.3d 1019, 858 N.Y.S.2d 612 [2008] ). Respondent now applies for reinstatement. Petitioner does not oppose respondent's application. We referred the application to a subcommittee of the Committee on Character and Fitness for a report (see Rules of App.Div., 3d Dept. [22 NYCRR] § 806.16 [a] [5]; see also Rules of App.Div., 3d Dept [22 NYCRR] former § 806.12[a] ). Respondent appeared before the three-member subcommittee in October 2016, and the subcommittee subsequently issued a favorable report unanimously recommending that his application for reinstatement be granted.
Our examination of the papers submitted on the application indicates that respondent has made all proper disclosures and has complied with the provisions of the order of disbarment and with this Court's rules regarding the conduct of disbarred attorneys (see Rules of App.Div., 3d Dept. [22 NYCRR] former § 806.9; see also Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.15 ). Further, we are satisfied that respondent has complied with the requirements of the applicable rules regarding reinstatement (see Rules of App.Div., 3d Dept [22 NYCRR] former § 806.12[b]; see also Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16 ), and that he possesses the character and general fitness to resume the practice of law in this state.
Accordingly, the application is granted and respondent is reinstated to the practice of law, effective immediately.
ORDERED that respondent's application for reinstatement is granted; and it is further
ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.
McCARTHY, J.P., GARRY, DEVINE, CLARK and AARONS, JJ., concur.