Appellate Division: Second Judicial Department

M61789

E/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

MARK C. DILLON, JJ.

1999-06940 In the Matter of John C. Lopes, a disbarred attorney. (Attorney Registration No. 1182898)

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 dated December 10, 1996, this court granted the petitioner's motion to suspend the respondent from the practice of law based on his failure to cooperate with the investigation by the Grievance Committee for the Ninth Judicial District of a complaint of professional misconduct against him unless he provided the Grievance Committee with previously requested documentation within 10 days. By the same decision and order on motion, the issues raised in the petition and the answer were referred to Honorable Lawrence N. Martin, Jr., as Special Referee to hear and report. By decision and order on application of this court dated January 17, 1997, the Grievance Committee was authorized to supplement the previously authorized disciplinary proceeding with two additional charges of professional misconduct against the respondent. By decision and order on motion dated January 29, 1997, the respondent was immediately suspended from the practice of law for his failure to comply with the decision and order dated December 10, 1996. By decision and order on motion of this court dated February 11, 1997, the respondent 's interim suspension was vacated and the respondent was immediately reinstated to the practice of law. By decision and order on motion of this court dated May 16, 1997, the Grievance Committee was authorized to supplement the previously authorized disciplinary proceeding with an additional charge of professional misconduct. By opinion and order of this court dated June 22, 1998, the respondent was suspended from the practice of law for a period of three years, commencing July 22, 1998, based on 12 unrelated charges of professional misconduct. Finally, by opinion and order dated August 16, 1999, this court accepted the respondent's tendered resignation, the respondent was disbarred, and his name was stricken from the roll of attorneys and counselors-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 January 25, 1978.

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

ORDERED that the motion is held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on the respondent's current fitness to be an attorney, including but not limited to, his current employment status in view of his past financial difficulties.

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

ENTER:

James Edward Pelzer

Clerk of the Court