Appellate Division: Second Judicial Department

M53115

K/nl

A. GAIL PRUDENTI, P.J.

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2001-01596 In the Matter of Mark Lewis Brecker, a suspended attorney. (Attorney Registration No. 1407030)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

On the court's own motion, it is

ORDERED that the decision and order on motion in the above-entitled matter is recalled and vacated and the following decision and order is substituted therefor:

Motion by the respondent, Mark Lewis Brecker, 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 July 8, 1975. By opinion and order of this court dated September 22, 2003, the respondent was suspended from the practice of law for a period of two years after a disciplinary hearing at which two charges of professional misconduct, which emanated from his behavior resulting in an adjudication of criminal contempt, were sustained.

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

ORDERED that the motion is continued to be held in abeyance and again 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, which examination shall be arranged by the Committee on Character and Fitness.

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

ENTER:

James Edward Pelzer

Clerk of the Court