Matter of Foster; Grievance Committee for the Second
Motion No: 1999-02846
Slip Opinion No: 2006 NYSlipOp 79303(U)
Decided on November 8, 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

M46710

K/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

DAVID S. RITTER, JJ.

1999-02846

In the Matter of Daniel Paul Foster, a

disbarred attorney.

(Attorney Registration No. 1677061)

DECISION & ORDER ON MOTION
FOR RESINSTATEMENT

Motion by the respondent Daniel Paul Foster, 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 First Judicial Department on March 17, 1980. By opinion and order of this court dated February 17, 1987, he was disbarred upon his felony conviction. By decisions and orders of this court dated July 6, 1999, and January 13, 2003, the respondent's first and second applications for reinstatement were denied. By decision and order on motion of this court dated May 19, 2003, his motion for reconsideration and reargument of his second application for reinstatement was also denied. By decision and order of this court dated October 27, 2003, the respondent's motion for leave to appeal to the Court of Appeals from the decision and orders of this court dated January 13, 2003, and May 19, 2003, respectively, denying his application for reinstatement and denying his motion for reconsideration and reargument thereof.

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

ORDERED that the motion is held in abeyance and the matter is 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 full details of: 1)his compliance with this Court's disbarment order; 2)his community work since his disbarment and, in particular, his volunteer work with associations involved with providing attorney assistance and/or volunteer work with associations involved with providing attorney assistance and/or advocacy; 3) his resignation from his employment position at the Institute of Electrical and Electronics Engineers; and 4) his employment and/or lack thereof and attempts to obtain employment since 1991.

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

ENTER:

James Edward Pelzer

Clerk of the Court