Karlen v. Attorney Grievance Comm. for First Judicial Dep't

Full title: In the Matter of Gerard M. Karlen (OCA Atty. Reg. No. 1832518), a…

Court: Supreme Court of the State of New York Appellate Division, First Judicial Department

Date published: May 20, 2021

2021 N.Y. Slip Op. 66343 (N.Y. App. Div. 2021)

Opinion

Motion No. 2021-00877

05-20-2021

In the Matter of Gerard M. Karlen (OCA Atty. Reg. No. 1832518), a disbarred attorney, Petitioner, For Reinstatement to the Bar of the State of New York, v. Attorney Grievance Committee for the First Judicial Department, Respondent.

Susanna Molina Rojas Clerk of the Court

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices. Case No. 2012-00088

An order of this Court having been entered on October 25, 2012 (M-3751), accepting the affidavit of resignation of petitioner (who was admitted 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 17, 1983), and striking his name from the roll of attorneys, effective nunc pro tunc to July 26, 2012, and until further order of this Court,

And an order of this Court having been entered on July 30, 2020 (M-1739), granting petitioner's motion for reinstatement to the extent of referring the matter to a Referee 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) ,

And the Referee, after hearing, having issued a report, dated February 24, 2021, setting forth his findings of fact, conclusions of law and recommending that petitioner's motion for reinstatement be denied,

And the Attorney Grievance Committee for the First Judicial Department, by Jorge Dopico, its Chief Attorney (Raymond Vallejo, Esq., of counsel), having moved this Court on April 12, 2021, for an order confirming the report and recommendation of the Referee and denying the petitioner's motion for reinstatement (M- 877),

And petitioner, having submitted an affidavit in opposition,

And the Committee, having submitted an affirmation in reply,

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 Committee's motion (M-877) to confirm the report and recommendation of the Referee is granted, and petitioner's motion for reinstatement is denied. Entered: May 20, 2021

/s/

Susanna Molina Rojas

Clerk of the Court