Appellate Division: Second Judicial Department

M45587

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

1991-10342 In the Matter of Joseph Richard Guardino, a disbarred attorney. (Index No. Attorney Registration No. 1550078)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent, Joseph Richard Guardino, for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated December 7, 1992, the respondent was disbarred upon his default in appearing in the above-entitled proceeding. By decision and order of this court dated March 2, 1993, his motion for reargument or for leave to appeal to the Court of Appeals from the opinion and order dated December 7, 1992, was denied. By decision and order on application dated November 28, 2000, the respondent's application for reinstatement as an attorney and counselor-at-law was denied. By decision and order on motion dated March 15, 2001,the respondent's motion for reargument of the decision and order on application dated November 28, 2000, was denied. By decision and order on motion dated March 25, 2005, respondent's subsequent motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to arrange for the examination of the respondent by a qualified medical expert to determine whether he is incapacitated from practicing law. By decision and order on motion of this court dated January 11, 2006, the motion for reinstatement was continued to be held in abeyance and the matter was referred again 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 current status of his admission to practice in the United States District Courts for the Eastern and Southern Districts of New York and the United States Supreme Court. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 15, 1966.

Upon the papers filed in support of the motion and the papers submitted in response thereto, and on the reports from the Committee on Character and Fitness, it is

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

ORDERED that, effective immediately, the respondent is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of the respondent Joseph Richard Guardino to the roll of attorneys and counselors-at-law.

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

ENTER:

James Edward Pelzer

Clerk of the Court