Appellate Division: Second Judicial Department

M71983

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

STEVEN W. FISHER, JJ.

2007-04561 In the Matter of Luis A. Medina, a disbarred attorney. Grievance Committee for the Ninth Judicial District, petitioner; Luis A. Medina, respondent. (Attorney Registration No. 2156958)

DECISION & ORDER ON MOTION

Motion by the respondent for an order: 1) permitting Neal Wiesner to appear as counsel for him in this matter pro hac vice, with the Honorable John Carro as local counsel; and 2) permitting him to withdraw his resignation as an attorney and counselor-at-law and to now defend on the merits with respect to the disciplinary charges formerly pending against him.

By opinion and order of this court dated September 11, 2007, the respondent was disbarred upon his submission of a resignation, dated May 9, 2007, in which he freely and voluntarily acknowledged that he could not successfully defend himself on the merits against charges which the Grievance Committee for the Ninth Judicial District was investigating preparatory to a motion for his interim suspension. These charges included overreaching, breaches of his fiduciary duties with respect to handling client funds, conflict of interest, failure to provide zealous representation on behalf of an estate, and other conduct adversely reflecting on his fitness as a lawyer. In the course of his resignation, the respondent specifically waived the opportunity to be heard in opposition to those charges. 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 9, 1987.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court