Appellate Division: Second Judicial Department

M43545

K/mv

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

ROBERT W. SCHMIDT

THOMAS A. ADAMS

DANIEL F. LUCIANO, JJ.

2001-08741 In the Matter of Maureen McNamara, admitted as Maureen Margaret McNamara, a suspended attorney. (Attorney Registration No. 1259241)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 24, 2006, in the above-entitled matter is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the respondent, inter alia, for reconsideration and reargument of a decision and order of this court dated January 19, 2006, denying the respondent's prior motion for reinstatement as an attorney and counselor-at-law, or in the alternative, for leave to appeal to the Court of Appeals. The respondent has requested "30 minutes oral argument on this motion by the court in open session." The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on February 5, 1979. By opinion and order of this court dated February 3, 2003, the respondent was suspended from the practice of law for a period of one year. By decision and order of this court dated June 9, 2004, the respondent's motion for reinstatement was held in abeyance and the matter was 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 unsatisfied judgments against her and whether she properly notified her clients of her suspension by certified mail, return receipt requested, as required by this court 's rules. By decision and order of this court dated April 27, 2005, her motion for reinstatement was continued to be held in abeyance and the matter referred back to the Committee on Character and Fitness for further investigation and report on the respondent's current fitness to be an attorney, specifically for: (1) detailed information and documentation regarding the status of judgments against the respondent, actions for recovery of monies due and/or outstanding debts of the respondent; (2) detailed information and documentation regarding the taxpayer actions in which the respondent has been included as a plaintiff; and (3) detailed information and documentation regarding the malpractice lawsuit commenced by the respondent. By decision and order dated January 19, 2006, the respondent's motion for reinstatement was denied.

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

ORDERED that the respondent's request for oral argument is denied; and it is further,

ORDERED that the motion is denied in all other respects.

PRUDENTI, P.J., FLORIO, SCHMIDT, ADAMS and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court