Appellate Division: Second Judicial Department

M45262

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN, JJ.

2001-02090 In the Matter of Timothy J. Daly, admitted as Timothy Joseph Daly, a suspended attorney. (Attorney Registration No. 1758325)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 17, 1982, under the name Timothy Joseph Daly. By opinion and order of this court dated April 28, 2003, the respondent was suspended from the practice of law for a period of two years based upon five charges of professional misconduct involving his failure to preserve and his misuse of funds entrusted to him as escrow agent, in violation of DR 9-102. By decision and order on motion of this court dated December 27, 2005, 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 with respect to the respondent's current fitness to be an attorney, including but not limited to the current status of his admission to practice in the courts of Florida and the New York federal courts and his 2003 income tax returns with the submission of his W- 2 forms.

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

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

ORDERED that, effective immediately, the respondent, Timothy J. Daly, admitted as Timothy Joseph Daly, is reinstated and the Clerk of the Court is directed to restore the name of Timothy J. Daly, admitted as Timothy Joseph Daly, to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court