Matter of Scher; Grievance Committee for the Tenth Ju
Motion No: 2003-08448
Slip Opinion No: 2006 NYSlipOp 76871(U)
Decided on September 29, 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

M45240

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2003-08448

In the Matter of Robert A. Scher, a suspended

attorney.

(Attorney Registration No. 1105295)

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 March 26, 1958. 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 based upon charges that he neglected a legal matter entrusted to him and failed to cooperate with the Grievance Committee in its investigation of the complaint. By decision and order on motion dated May 24, 2005, this Court denied that branch of the respondent's motion which was for leave to reargue, renew, and reconsider the opinion of April 25, 2005, but granted that branch of the respondent's motion which was for leave to extend the effective date of the suspension to July 31, 2005, solely with respect to limited enumerated matters. That decision and order on motion was later amended by the court, by decision and order on motion dated September 26, 2005, to allow the respondent to represent certain clients on a pending appeal up to and including the date of entry of the order determining said appeal. By decision and order on motion of this court dated April 18, 2006, the respondent 's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness for investigation and report, including but not limited to the matter of the monetary sanction imposed upon respondent by Justice Ira Warshawsky in the Supreme Court, Nassau County, on July 2, 2002.

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 Robert A. Scher is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Robert A. Scher to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court