Appellate Division: Second Judicial Department

M41698

K/nl

ANITA R. FLORIO, J.P.

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS

FRED T. SANTUCCI, JJ.

1999-00277 In the Matter of Robert C. D'Alvia, a disbarred attorney. (Attorney Registration No. 1482876)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Robert C. D'Alvia, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated September 18, 1989, the respondent was disbarred based on his conviction, after a trial in the County Court, Westchester County, of perjury in the first degree, a class E felony, and criminal contempt in the first degree, a class E felony. The respondent was admitted to Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973. By decision and order of this court dated May 19, 1999, the respondent's application to vacate the order of disbarment and reinstate him to the practice of law was denied. By subsequent decision and order on application of this court dated July 24, 2001, his second application for reinstatement was held in abeyance, and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney. By decision and order on application of this court dated October 31, 2002, the respondent 's second application for reinstatement was denied. The respondent's third application for reinstatement was withdrawn by decision and order of this court dated May 21, 2004. By decision and order on application of this court dated July 29, 2004, the respondent's fourth application for reinstatement was denied. By decision and order on motion of this court dated November 24, 2004, the respondent's motion for reargument of the decision and order on application of this court dated July 29, 2004, and upon reargument, granting his application for reinstatement or affording him a fact-finding hearing before a subcommittee, was denied. By decision and order on motion of this court dated December 7, 2005, the respondent's fifth application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that, effective immediately, the respondent Robert C. D'Alvia is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Robert C. D'Alvia to the roll of attorneys and counselors-at-law.

FLORIO, J.P., MILLER, SCHMIDT, ADAMS and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court