Appellate Division: Second Judicial Department

M39129

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

FRED T. SANTUCCI, JJ.

2004-09873 In the Matter of Scott F. Saidel, a suspended attorney. (Attorney Registration No. 2602357)

DECISION & ORDER ON MOTION

Motion by the respondent for an order: (1) setting aside and/or modifying the May 9, 2005, opinion and order of this court which suspended him from the practice of law for a period of one year pursuant to 22 NYCRR 691.3 and substituting therefor, an opinion and order directing that he be suspended for a period of six months retroactive to March 12, 2001, consistent with the discipline imposed against him by the State of Arizona; and (2) reinstating him as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 19, 1994. By judgment and order of the Supreme Court of Arizona dated October 29, 2003, the respondent was suspended from the practice of law for a period of six months retroactive to March 12, 2001, and placed on probation for a period of one year upon reinstatement. By opinion and order of this court dated May 9, 2005, the respondent was suspended from the practice of law based upon the disciplinary action taken against him by the Supreme Court of the State of Arizona, for a period of one year, commencing June 9, 2005, with leave to apply for reinstatement no sooner than six months prior to the expiration of the one year, upon furnishing satisfactory proof that during that period he: (1) refrained from practicing or attempting to practice law, (2) fully complied with this court's opinion and order and with the terms and provisions of this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10), and (3) otherwise properly conducted himself.

Upon the papers filed in support of the motion and the papers submitted in response thereto, it is

ORDERED that the branch of the respondent's motion which seeks to set aside and/or modify this court's order and opinion dated May 9, 2005, is denied; and it is further,

ORDERED that the branch of the respondent's motion which seeks reinstatement as an attorney and counselor-at-law is denied with leave to renew upon the submission of a properly completed application, including but not limited to, the respondent's submission of all required documentation.

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court