Appellate Division: Second Judicial Department

M68278

E/nl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS

MARK C. DILLON, JJ.

2003-07795 In the Matter of Avi J. Kasten, admitted as Avi Joseph Kasten, a suspended attorney. Grievance Committee for the Tenth Judicial District, petitioner; Avi J. Kasten, respondent. (Attorney Registration No. 1725936)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Renewed motion by the respondent for reinstatement as an attorney and counselor-at-law. By opinion and order of this court dated March 7, 2005, he was suspended from the practice of law, for a period of one year, commencing April 7, 2005. By decision and order on motion of this court dated April 7, 2005, his motion for leave to reply to the motion by the Grievance Committee for the Tenth Judicial District to confirm the Special Referee's report and to set aside the opinion and order dated March 7, 2007, was denied. By decision and order on motion of this court dated April 18, 2006, his 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 practice law, including but not limited to details of his compliance with this court's suspension order. By decision and order on motion of this court dated October 20, 2006, the respondent's motion for reinstatement as an attorney and counselor-at-law was denied on the ground that he did not demonstrate the requisite fitness and character to practice law. By decision and order on motion of this court dated October 1, 2007, the respondent 's second motion for reinstatement as an attorney and counselor-at-law was denied with leave to renew following the expiration of a period of one year from the entry of the decision and order on motion dated October 20, 2006, denying his prior motion for reinstatement. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 6, 1981, under the name Avi Joseph Kasten.

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

ORDERED that the motion is denied with leave to renew upon resolution of the complaints pending before the Grievance Committee for the Tenth Judicial District or after a period of one year.

PRUDENTI, P.J., RIVERA, SPOLZINO, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court