Opinion
D–148–18
11-29-2018
In the MATTER OF ATTORNEYS IN VIOLATION OF JUDICIARY LAW §468–A. Committee on Professional Standards, Now Known as Attorney Grievance Committee for the Third, Petitioner; v. Stacey Lynn Katz, Respondent. (Attorney Registration No. 2332120)
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for petitioner. Emery Celli Brinckerhoff & Abady LLP, New York City (Hal R. Lieberman of counsel), for respondent.
Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for petitioner.
Emery Celli Brinckerhoff & Abady LLP, New York City (Hal R. Lieberman of counsel), for respondent.
Before: Garry, P.J., McCarthy, Lynch, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
ON MOTION
Per Curiam.
Respondent was admitted to practice by this Court in 1990. She was admitted to practice the previous year in Indiana, where she now lists a business address with the Office of Court Administration. By January 2014 order, this Court suspended respondent from the practice of law in New York for conduct prejudicial to the administration of justice arising from her noncompliance with the attorney registration requirements of Judiciary Law § 468–a and Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 ( Matter of Attorneys in Violation of Judiciary Law § 468, 113 A.D.3d 1020, 1051, 979 N.Y.S.2d 548 [2014] ; see Judiciary Law § 468–a [5 ]; Rules of Professional Conduct [ 22 NYCRR 1200.0 ] rule 8.4[d] ). Respondent now seeks her reinstatement (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a] ). The Lawyers Fund for Client Protection indicates that it has no objection to respondent's application, and petitioner advises that it defers to the Court's discretion with respect to respondent's application.
Given the length of her suspension, respondent properly submits a sworn copy of the form affidavit applicable to attorneys suspended for longer than six months (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [b]; part 1240, appendix C; see e.g. Matter of Attorneys in Violation of Judiciary Law § 468–a [Freedman] , 166 A.D.3d 1161, ––– N.Y.S.3d ––––, 2018 N.Y. Slip Op. 07401, 2018 WL 5659730 [2018] ). Office of Court Administration records demonstrate that respondent has cured the delinquency that resulted in her suspension and that she is current with her biennial registration requirements (see Judiciary Law § 468–a ; Rules of the Chief Admin of Cts [22 NYCRR] § 118.1 ). Respondent also provides proof that she successfully completed the Multistate Professional Responsibility Examination in August 2018, as is required for attorneys seeking reinstatement following suspensions of six months or more (see Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [b]; compare Matter of Attorneys in Violation of Judiciary Law § 468–a [Castle], 161 A.D.3d 1443, 1444, 73 N.Y.S.3d 774 [2018] ). Moreover, having reviewed respondent's affidavit and petitioner's correspondence in response, we are satisfied that she has complied with the order of suspension and the rules of this Court, that she has the requisite character and fitness for the practice of law and that it would be in the public's interest to reinstate her to the practice of law in New York (see Matter of Attorneys in Violation of Judiciary Law § 468–a [Freedman],supra ; Matter of Attorneys in Violation of Judiciary Law § 468–a [Ettelson], 161 A.D.3d 1478, 1480, 77 N.Y.S.3d 223 [2018] ; Rules for Attorney Disciplinary Matters [ 22 NYCRR] § 1240.16 [a] ). Accordingly, we grant respondent's motion.
Garry, P.J., McCarthy, Lynch, Rumsey and Pritzker, JJ., concur.
ORDERED that respondent's motion for reinstatement is granted; and it is further
ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.