Opinion
Motion No. 2023-00610 Case No. 2013-00110
04-13-2023
In the Matter of Jose A. Muniz (admitted as Jose Antonio Muniz) (OCA Atty. Reg. No. 2042521), a disbarred 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Unpublished Opinion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. Cynthia S. Kern, Justice Presiding, Jeffrey K. Oing Peter H. Moulton Saliann Scarpulla John R. Higgitt, Justices.
An order of this Court, having been entered on May 14, 2013 (M-1989), accepting the resignation of petitioner (who was admitted, as Jose Antonio Muniz, 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 Second Judicial Department on January 15, 1986), and striking his name from the roll of attorneys and counselors-at-law in the State of New York, effective nunc pro tunc to March 21, 2013, And an order of this Court, having been entered on June 7, 2022, granting petitioner's motion for an order pursuant to 22 NYCRR 1240.16(a) and (b) reinstating him as an attorney and counselor-at-law in the State of New York, or in the alternative referring the matter to a Referee for a hearing, to the extent of referring the matter to Referee Rosalyn Richter, to conduct a hearing where petitioner would 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) (Motion No. 2022-01054), And petitioner, by his attorney Deborah A. Scalise, Esq., having moved this Court for an order pursuant to 22 NYCRR 1240.16 confirming the report and recommendation of the Referee, dated December 22, 2022, which report recommended (1) that petitioner's application for reinstatement be granted, (2) that this Court impose as a condition to reinstatement that petitioner report to the Attorney Grievance Committee biannually regarding his continued compliance with payments he is required to make pursuant to an offer in compromise he entered into with New York State related to certain tax arrears, and his efforts to satisfy federal tax and student loan debts, and (3) that this Court seal certain testimony given at the hearing before the Referee and references thereto in the record, And petitioner having requested that this Court seal the testimony and references in accordance with the Referee's recommendation, And the Committee, by Jorge Dopico, its Chief Attorney (Vitaly Lipkansky, of counsel) having submitted an affirmation in which it states that it does not oppose petitioner's reinstatement, to the extent any reinstatement is conditioned on petitioner fulfilling the biannual reporting recommended in the Referee's report, and that it does not oppose the sealing of testimony recommended by the Referee and requested by petitioner, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is unanimously, Ordered that petitioner's motion is granted, the report and recommendation of the Referee is confirmed, and petitioner Jose A. Muniz, admitted as Jose Antonio Muniz, is reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof, and
It is further ordered that petitioner Jose A. Muniz, admitted as Jose Antonio Muniz, is directed to report to the Attorney Grievance Committee biannually for a period of two years following his reinstatement regarding his compliance with payments he is required to make pursuant to the offer in compromise he entered into with New York State related to certain tax arrears, and his efforts to satisfy federal tax and student loan debts, and
It is further ordered that the testimony transcribed at pp. 30-32 of the minutes of the hearing before the Referee from August 11, 2022, and a reference to said testimony made in petitioner's proposed findings of fact, which is attached to the motion at p. 22 of Exhibit 4, are sealed, and
It is further Ordered that petitioner Jose A. Muniz, admitted as Jose Antonio Muniz, is directed to immediately register with, and pay to, the Office of Court Administration any applicable registration fee in compliance with Judiciary Law § 468-a.