Appellate Division: Second Judicial Department

M45985

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

GABRIEL M. KRAUSMAN, JJ.

2003-07795 In the Matter of Avi J. Kasten, admitted as Avi Joseph Kasten, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Avi J. Kasten, respondent. (Attorney Registration No. 1725936)

DECISION & ORDER ON MOTION

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 May 6, 1981, under the name Avi Joseph Kasten. By opinion and order of this court dated March 7, 2005, he was suspended from the practice of law for a period of one year, commencing April 7, 2005. By decision and order of this court dated April 7, 2005, his motion for leave to reply to the Grievance Committee's motion to confirm the Special Referee's report and to set aside this court's March 7, 2005, opinion and order of suspension was denied. By decision and order of this court dated April 18, 2006, his motion for reinstatement was held in abeyance and the matter referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to practice law, including but not limited to details of his compliance with this court's suspension order.

Upon the papers submitted to the court, it is

ORDERED that the motion is denied.

We find that the respondent does not demonstrate the requisite fitness and character to practice law.

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

ENTER:

James Edward Pelzer

Clerk of the Court