Matter of Guardino; Grievance Committee for the Tenth
Motion No: 1991-10342
Slip Opinion No: 2006 NYSlipOp 60546(U)
Decided on January 11, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M34443

K/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1991-10342

In the Matter of Joseph Richard Guardino,

a disbarred attorney.

(Attorney Registration No. 1550078)

DECISION & ORDER ON MOTION
FOR REINSTATEMENT

Motion by the respondent, Joseph Richard Guardino, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966. By opinion and order of this court dated December 7, 1992, the respondent was disbarred upon his default in appearing in his disciplinary proceeding. By decision and order on motion of this court dated March 2, 1993, his motion for reargument or for leave to appeal to the Court of Appeals from the opinion and order dated December 7, 1992, was denied. By decision and order on application dated November 28, 2000, the respondent's application for reinstatement as an attorney and counselor-at-law was denied. By decision and order on motion dated March 15, 2001, his motion for reargument was denied. By decision and order on motion dated March 25, 2005, the motion for reinstatement was held in abeyance and referred to the Committee on Character and Fitness to arrange for the examination of the respondent by a qualified medical expert to determine whether he is incapacitated from practicing law.

Upon the papers filed in support of the motion and the papers submitted in response thereto, and on the report from the Committee on Character and Fitness, it is

ORDERED that the motion is continued to be held in abeyance and the matter is referred again to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to the current status of his admission to practice in the United States District Courts for the Eastern and Southern Districts of New York and the United States Supreme Court.

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

ENTER:

James Edward Pelzer

Clerk of the Court