Appellate Division: Second Judicial Department

M38516

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2003-07795 FOR REINSTATE In the Matter of Avi J. Kasten, admitted as Avi Joseph Kasten, a suspended attorney. (Attorney Registration No. 1725936 )

DECISION & ORDER ON MOTION MENT

Motion by the respondent, Avi J. Kasten, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated March 7, 2005, he was suspended for a period of one year commencing April 7, 2005. By decision and order of this court dated April 7, 2005,his motion for leave to reply to the Grievance Committee's motion to confirm the Special Referee's report and to set aside this court's March 7, 2005 opinion and order was denied. The respondent was admitted to the Bar on May 6, 1981, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, under the name Avi Joseph Kasten.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to practice law, including but not limited to details of his compliance with this court's suspension order.

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

ENTER:

James Edward Pelzer

Clerk of the Court