Appellate Division: Second Judicial Department

M64977

E/nl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2001-01596 In the Matter of Mark Lewis Brecker, a suspended attorney. (Attorney Registration No. 1407030)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

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 continued to be held in abeyance and was 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. By decision and order dated November 2, 2007, the respondent's motion continued to be held in abeyance and was 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.

Upon the report of Virginia Lehmann Sussman, M.D., dated November 20, 2007, it is

ORDERED that the motion is granted; and it is further,

ORDERED that, effective immediately, the respondent Mark Lewis Brecker is reinstated as an attorney and counselor-at-law and the Clerk of the court is directed to restore the name of Mark Lewis Brecker to the roll of attorneys and counselors-at-law.

CRANE, RIVERA, SPOLZINO, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court