Matter of Scher; Grievance Committee for the Tenth Judicial
Motion No: 2003-08448
Slip Opinion No: 2006 NYSlipOp 67095(U)
Decided on April 18, 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

M38515

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-08448

FOR REINSTATE

In the Matter of Robert A. Scher, a suspended

attorney.

(Attorney Registration No. 1105295)

DECISION & ORDER ON MOTION
MENT

Motion by the respondent for an order reinstating him to the practice of law and "modifying and shortening the length of the suspension to a period consistent with the rules adopted in July 2005." By opinion and order of this court dated April 25, 2005, the respondent was suspended from the practice of law for a period of one year, commencing May 25, 2005, based upon charges that he neglected a legal matter entrusted to him and failed to cooperate with the Grievance Committee's investigation. The respondent's motion for reargument, renewal, and reconsideration was denied by decision and order on motion of this court dated May 24, 2005, but the effective date of suspension was extended to permit him to handle two pending matters. By decision and order on motion of this court dated September 26, 2006, the respondent was given permission to represent the plaintiffs-respondents in one of the matters on appeal, up to and including the date of entry of the order determining the appeal. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 26, 1958.

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 be an attorney, including but not limited to the matter of the monetary sanction imposed upon the respondent by the Honorable Ira B. Warshawsky in the Supreme Court, Nassau County, on July 2, 2002, pursuant to 22 NYCRR 130-1.1(c).

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

ENTER:

James Edward Pelzer

Clerk of the Court