Opinion
Motion No. 2024-04240 Case No. 2024-05435
11-14-2024
In the Matter of Loreto S. Kudera (admitted as Loreto Suarez Kudera), a disbarred attorney: Attorney Grievance Committee for the First Judicial Department, Respondent, Loreto S. Kudera (OCA Atty. Reg. No. 4489563), Petitioner.
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Justice Presiding, Anil C. Singh, David Friedman, Ellen Gesmer, Manuel J. Mendez, Justices.
An order of this Court having been entered on May 4, 2017, disbarring petitioner (who was admitted, as Loreto Suarez Kudera, 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 March 5, 2007), pursuant to Judiciary Law §§ 90(4)(a) and (b), and striking his name from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to June 9, 2016, And, petitioner, by his attorney, having moved this Court on September 30, 2024, 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 Lawyers' Fund for Client Protection having submitted a letter dated September 5, 2024, stating that it does not object to petitioner's reinstatement, And the Attorney Grievance Committee, by Jorge Dopico, its Chief Attorney (Louis J. Bara, of counsel) having submitted an affirmation in opposition dated September 6, 2024, 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 1240.16(a), And petitioner having submitted a reply, dated September 13, 2024, to the Committee's affirmation in opposition,
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 George Davidson, Esq., 73 Charles Street, New York, NY 10014, (212) 691-0826, georgedavidson@georgedavidsonadr.com, 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 disbarment, 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 with 60 days from the date of entry hereof and issue a report and recommendation to this Court.