Appellate Division: Second Judicial Department

M38517

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2002-10256 In the Matter of Boris A. Krivonos, a suspended attorney. (Attorney Registration No. 2789360)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to renew, and upon renewal, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated January 12, 2004, he was suspended from the practice of law for a period of one year, commencing February 13, 2004, after a hearing before a Special Referee, who sustained a charge alleging that the respondent violated Code of Professional Responsibility DR 1-102(a)(3),(4)and (7) (22 NYCRR 1200.3[a][3],[4] and [7]), based upon his conviction of a serious crime. By decision and order on motion of this court dated January 19, 2006, the respondent's motion for reinstatement was dismissed with leave to renew upon the submission of papers in compliance with 22 NYCRR 691.11 of the rules of this court for reinstatement to the Bar after a suspension from practice for a period of one year or less. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 29, 1997.

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

ORDERED that the branch of the motion which is for leave to renew is granted, the motion is otherwise 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 be an attorney including, but not limited to, his compliance with this court's suspension order.

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

ENTER:

James Edward Pelzer

Clerk of the Court