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In re Howard J. Pobiner

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 2010
77 A.D.3d 958 (N.Y. App. Div. 2010)

Summary

finding lack of corroborating evidence precluded finding that debtor suffered from "any medical condition which would impact his ability to earn a living over a significant portion of the repayment periods of the student loans"

Summary of this case from Tingling v. U.S. Dep't of Educ.

Opinion

No. 1995-10952.

October 26, 2010.

Before: Prudenti, P.J., Mastro, Rivera, Skelos and Balkin, JJ.


Motion by the respondent, Howard J. Pobiner, for reinstatement to the bar as an attorney and counselor-at-law. The respondent was admitted to the bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 31, 1975, under the name Howard Joseph Pobiner. By opinion and order of this Court dated March 2, 1998, the respondent was disbarred based upon 11 charges of professional misconduct ( see Matter of Pobiner, 240 AD2d 67). By decision and order on motion of this Court dated April 3, 2007, the respondent's motion for reinstatement as an attorney and counselor-at-law was denied with leave to renew upon disbursement of the moneys held in escrow for the purpose of making restitution to former clients. By decision and order on motion of this Court dated October 4, 2007, upon renewal, that branch of the respondent's motion for which for reinstatement was denied. By decision and order of this Court dated May 7, 2008, the respondent's motion for leave to renew or reargue the decision and order of this Court dated October 4, 2007, was denied as premature with leave to renew, following the expiration of one year from entry of the order dated October 4, 2007. By decision and order on motion of this Court dated May 15, 2009, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including, but not limited to, the respondent's handling of the Anne Schemler Trust. Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Committee on Character and Fitness dated June 24, 2010, and the exhibits annexed thereto, it is Ordered that, effective immediately, the respondent, Howard J. Pobiner, admitted as Howard Joseph Pobiner, is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Howard Joseph Pobiner to the roll of attorneys and counselors-at-law.


Summaries of

In re Howard J. Pobiner

Appellate Division of the Supreme Court of New York, Second Department
Oct 26, 2010
77 A.D.3d 958 (N.Y. App. Div. 2010)

finding lack of corroborating evidence precluded finding that debtor suffered from "any medical condition which would impact his ability to earn a living over a significant portion of the repayment periods of the student loans"

Summary of this case from Tingling v. U.S. Dep't of Educ.

taking judicial notice of career prospects of ADHD patients as set forth in brochure published by the National Institute of Mental Health

Summary of this case from In re Hertzel

consulting a publication of the National Institute of Mental Health regarding the career prospects for persons suffering with Attention Deficit Hyperactivity Disorder

Summary of this case from In re Norasteh
Case details for

In re Howard J. Pobiner

Case Details

Full title:In the Matter of HOWARD J. POBINER (Admitted as HOWARD JOSEPH POBINER), a…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 26, 2010

Citations

77 A.D.3d 958 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 7770
909 N.Y.S.2d 393

Citing Cases

Tingling v. U.S. Dep't of Educ.

In re Norasteh, 311 B.R. 671, 678 (Bank. S.D.N.Y. 2004) (finding debtor failed to sustain burden where he did…

Gesualdi v. Educ. Credit Mgmt. Corp. (In re Gesualdi)

Seeid.; In re Pobiner, 309 B.R. at 418 (debtor's monthly day care expenses will cease when the debtor's child…