Appellate Division: Second Judicial Department

M60778

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

DAVID S. RITTER, JJ.

1997-04366 In the Matter of B. Marc Mogil, a disbarred attorney. (Attorney Registration No. 1450063)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. By decision and order on motion of this court dated July 28, 1997, he was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(i)(iii) and the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a disciplinary proceeding against him. By opinion and order of this court dated December 16, 1998, he was disbarred based upon six charges of professional misconduct (see Matter of Mogil, 250 AD2d 343). By decision and order on motion dated December 28, 2006, the respondent's first motion for reinstatement was denied with leave to renew upon his submission of a fully completed application properly sworn to. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 5, 1975.

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 referred to the Committee on Character and Fitness to arrange for the respondent's examination by a qualified medical expert to determine whether he is incapacitated from returning to the practice of law.

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

ENTER:

James Edward Pelzer

Clerk of the Court