Appellate Division: Second Judicial Department

M41384

S/cf

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2001-01765 In the Matter of Albert J. Pirro, Jr., a suspended attorney. (Attorney Registration No. 1410703)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Albert J. Pirro, Jr., for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated May 12, 2003, the respondent was suspended from the practice of law for three years, commencing immediately, as a result of a disciplinary proceeding predicated upon his conviction of the serious crimes of conspiracy, in violation of 18 USC § 371; tax evasion (4 counts), in violation of 26 USC § 7201; and tax fraud (29 counts), in violation of 26 USC § 7206(1), all Federal felonies. The respondent had been under an interim suspension by virtue of a decision and order on motion of this court, dated June 8, 2001, based upon his conviction of the above crimes. Although the disciplinary proceeding was conducted by the Grievance Committee for the Tenth Judicial District, it has since been transferred to the Grievance Committee for the Second and Eleventh Judicial Districts. The respondent was sentenced on November 1, 2000, by the Honorable Barrington D. Parker to a term of incarceration of 29 months, followed by supervised release for a term of 3 years, and restitution to the Internal Revenue Service. By decision and order on motion dated March 27, 2006, the respondent 's motion to modify the opinion and order dated May 12, 2003, was granted to allow the respondent to apply for reinstatement within six months of the date his three year period of suspension expired. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Third Judicial Department on February 18, 1975.

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 his filing of a bankruptcy petition in connection with one of his businesses.

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

ENTER:

James Edward Pelzer

Clerk of the Court