Appellate Division: Second Judicial Department

M51001

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2006-02428 In the Matter of Margaret A. Hurst, a suspended attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Margaret A. Hurst, respondent. (Attorney Registration No. 1959782)

DECISION & ORDER ON MOTION

Motion by the respondent Margaret A. Hurst, for an order: 1) reinstating her as an attorney and counselor-at-law; 2) directing the Grievance Committee to proceed expeditiously with its pending investigation of a complaint against the respondent by James Moran; and 3) sealing all court records pertaining to this matter and pursuant to Judiciary Law §431, withdrawing from publication the prior decision and order on motion of this court dated June 7, 2006, which, inter alia, suspended the respondent from the practice of law on the grounds of mental incapacity pursuant to 22 NYCRR 691.13(b). The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on October 31, 1984.

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

ORDERED that those branches of the respondent's motion which seek reinstatement as an attorney and counselor-at-law, and a directive that the Grievance Committee for the Tenth Judicial District proceed expeditiously with its investigation, are held in abeyance; and it is further,

ORDERED that on the court's own motion, pursuant to 22 NYCRR 691.13(e), the respondent is directed to be examined by a qualified medical expert to determine whether her disability has been removed and she is fit to resume the practice of law, which examination shall be arranged by Chief Counsel for the Grievance Committee for the Tenth Judicial District within 30 days of this decision and order on motion; and it is further,

ORDERED that those branches of the respondent's motion which seek the sealing of the record and the withdrawal from publication of this court's decision and order on motion dated June 7, 2006, are denied.

PRUDENTI, P.J., MILLER, CRANE, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court