Opinion
September 9, 2002.
Respondent was disbarred by this Court in 1993 because of his conviction of income tax evasion in violation of 26 U.S.C. § 7201, a federal felony, and because of his prior disciplinary record which included a censure and a five-year suspension from practice (Matter of Von Wiegen, 193 A.D.2d 1049, appeal dismissed 82 N.Y.2d 801, lv denied 82 N.Y.2d 665). He now applies for reinstatement. Petitioner opposes the application.
Mark S. Ochs, Committee on Professional Standards, Albany, for petitioner.
Eric P. Von Wiegen, Lexington, Kentucky, respondent pro se.
Before: Mercure, J.P., Crew III, Peters, Spain and, Carpinello, JJ.
Because we conclude that respondent has not shown by clear and convincing evidence that he possesses the character and general fitness to resume the practice of law (see 22 NYCRR 806.12 [b]), we deny the application for reinstatement.
Mercure, J.P., Crew III, Peters, Spain and Carpinello, JJ., concur.
ORDERED that respondent's application for reinstatement is denied.