Appellate Division: Second Judicial Department

M34441

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

BARRY A. COZIER, JJ.

1991-06201 In the Matter of Charles F. Darlington, admitted as Charles Francis Darlington III, a disbarred attorney. (Attorney Registration No. 1526789)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Charles F. Darlington, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar on March 16, 1966, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Charles Francis Darlington III. By opinion and order of this court dated April 25, 1988, he was disbarred upon his conviction in the United States District Court for the Southern District of New York, on June 2, 1987, of three counts of filing false instruments on immigration petitions, (a felony), in violation of 18 USC §§ 1001 and 1002. By decision and order of this court dated October 7, 1991, his motion to vacate the order of disbarment, to amend the sanction imposed to a suspension, and to allow him to apply for reinstatement, was denied. By decisions and orders dated April 23, 1996, and April 28, 1997, respectively, the respondent's first two applications for reinstatement were denied. By subsequent decision and order of this court dated June 25, 1997, his motion for reconsideration and/or renewal of his second application was denied. By further decisions and orders dated February 17, 1998, and August 7, 2001, respectively, his third and fourth applications for reinstatement were denied. By decision and order on motion dated December 12, 2001, his motion, inter alia, for reconsideration of a decision and order of this court dated August 7, 2001, which denied his fourth application for reinstatement, or for leave to appeal to the Court of Appeals, was denied. By decision and order of this court dated September 10, 2002, his fifth application for reinstatement was denied. By decision and order on application of this court dated July 15, 2005, the respondent's sixth application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney.

Upon the report of the Committee on Character and Fitness, it is

ORDERED that the motion is granted; and it is further,

ORDERED that, effective immediately, the respondent Charles F. Darlington, admitted as Charles Francis Darlington III, is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Charles F. Darlington, admitted as Charles Francis Darlington III, to the roll of attorneys and counselors-at-law.

PRUDENTI, P.J., FLORIO, H. MILLER, SCHMIDT and COZIER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court