Appellate Division: Second Judicial Department

M64959

E/nl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

REINALDO E. RIVERA

DAVID S. RITTER, JJ.

1999-02846 In the Matter of Daniel Paul Foster, a disbarred attorney. (Attorney Registration No. 1677061)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent 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 March 17, 1980. By opinion and order of this court dated February 17, 1987, he was disbarred upon his felony conviction. By decisions and orders on applications of this court dated July 6, 1999, and January 13, 2003, respectively, his first and second applications for reinstatement were denied. By decision and order on motion of this court dated May 19, 2003, his motion for reconsideration and reargument of his second application for reinstatement was also denied. By decision and order on motion of this court dated October 27, 2003, his motion for leave to appeal to the Court of Appeals from the decisions and orders on applications dated January 13, 2003, and May 19, 2003, was denied. By decision and order on motion dated November 8, 2006, the respondent's third motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on the respondent 's fitness to be an attorney, including, but not limited to full details of: (1) his compliance with this court's disbarment order; (2) his community work since his disbarment and, in particular, his volunteer work with associations involved with providing attorney assistance and/or volunteer work with associations involved with providing attorney assistance and/or advocacy; (3) his resignation from employment position at the Institute of Electrical and Electronics Engineers; and (4) his employment and/or lack thereof and attempts to obtain employment since 1991.

Upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

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

PRUDENTI, P.J., CRANE, MASTRO, RIVERA and RITTER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court