| Matter of Brecker; Grievance Committee for the Second |
| Motion No: 2001-01596 |
| Slip Opinion No: 2007 NYSlipOp 82810(U) |
| Decided on November 2, 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. |
Appellate Division: Second Judicial Department
M62090
E/mv
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE
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 its decision and order on motion for reinstatement dated October 29, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion for reinstatement 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. By decision and order on motion dated January 19, 2006, the respondent's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney, including but not limited to details of his involvement in a foreclosure action and a landlord/tenant dispute. By decision and order on motion dated April 11, 2007, the respondent's motion for reinstatement was continued to be held in abeyance and again 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 practicing law.
Upon the report of Virginia Lehman Sussman, M.D., dated July 20, 2007 and the respondent's comments with respect 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 direct the medical examiner to re-assess the impact of the respondent's personality disorders on his application for reinstatement.
PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and RIVERA, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court