Appellate Division: Second Judicial Department

M61793

E/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

REINALDO E. RIVERA, JJ.

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

DECISION & ORDER ON MOTION

By decision and order on motion of this court dated June 7, 2006, the branch of the Grievance Committee's motion which sought an examination of the respondent by a qualified medical expert was denied but the respondent was suspended on the grounds of mental incapacity, pursuant to 22 NYCRR 691.13(b), based upon the expert opinion of the respondent's treating psychiatrist and counselor and upon her own admissions, and the Grievance Committee was directed to hold its pending investigation in abeyance and appointed Catherine Sammartino, Esq., to inventory the respondent's files and take such action as is deemed proper and advisable to protect the interests of the clients as well as the suspended attorney. By further decision and order on motion dated February 20, 2007, the respondent's motion for an order, inter alia, reinstating her and directing that the Grievance Committee proceed expeditiously with its investigation, was held in abeyance and, on the court's own motion, the respondent was directed to be examined by a medical expert arranged by the Grievance Committee. Those branches of the respondent 's motion as sought the sealing of the record and the withdrawal from publication of this court's decision and order on motion dated June 7, 2006, were denied. 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 report of N.G. Berrill, Ph.D., it is,

ORDERED that the suspension imposed pursuant to 22 NYCRR 691.13(b) is vacated and the respondent is reinstated; and it is further,

ORDERED that the Grievance Committee for the Tenth Judicial District is directed to proceed with its investigation, which had been held in abeyance by the decision and order on motion dated February 20, 2007.

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

ENTER:

James Edward Pelzer

Clerk of the Court