Appellate Division: Second Judicial Department

M71637

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2003-06696 In the Matter of Fred A. Schwartz, a suspended attorney. (Attorney Registration No. 1753995)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law, and for a waiver of the requirement that he take the MPRE subsequent to the date of suspension. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968. By decision and order on motion of this court dated November 25, 2003, the motion of the Grievance Committee for the Second and Eleventh Judicial Districts to impose reciprocal discipline was held in abeyance pending a hearing at the respondent's request, pursuant to 22 NYCRR 691.3(d), and the Honorable John A. Monteleone was appointed as Special Referee to hear and report. By opinion and order of this court dated October 18, 2004, the respondent was suspended from the practice of law in New York for a period of two years based upon the disciplinary action taken against him by the Supreme Court of the State of Florida.

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

ORDERED that the branch of the motion which is for reinstatement 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; and it is further,

ORDERED that the branch of the motion which is for a waiver of the requirement that the respondent take the MPRE subsequent to the date of suspension is granted.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO AND SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court