Matter of Kasten; Grievance Committee for the Tenth Judicial

Matter of Kasten; Grievance Committee for the Tenth Judicial

Motion No: 2003-07795

Slip Opinion No: 2007 NYSlipOp 79669(U)

Decided on October 1, 2007

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

M60620

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

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
ON REINSTATEMENT

Renewed 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 respondent's current fitness to practice law, including but not limited to details of his compliance with this court's suspension order. By decision and order of this court dated October 20, 2006, the respondent 's motion for reinstatement as an attorney and counselor-at-law was denied on the ground that he did not demonstrate the requisite fitness and character to practice law.

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

ORDERED that the motion is denied with leave to renew following the expiration of one year from the entry of the October 20, 2006, order of this court denying his prior motion for reinstatement.

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

ENTER:

James Edward Pelzer

Clerk of the Court