Matter of Rybicki; Grievance Committee for Tenth Judi
Motion No: 2000-00758
Slip Opinion No: 2009 NYSlipOp 63111(U)
Decided on February 6, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M82234

E/nl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS

DAVID S. RITTER, JJ.

2000-00758

In the Matter of Thomas Rybicki, admitted as

Thomas S. Rybicki, a suspended attorney.

(Attorney Registration No. 1004191)

DECISION & ORDER ON MOTION

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 Second Judicial Department on October 22, 1975, under the name Thomas S. Rybicki. By decision and order on motion of this court dated March 20, 2000, the respondent was suspended from the practice of law, pursuant to Judiciary Law § 90(4)(f), upon his conviction of a serious crime, his cross motion to vacate any automatic suspension was denied, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against him, and the issues were referred to the Honorable Eli Wagner, as Special Referee to hear and report. By decision and order on motion of this court dated April 24, 2003, the matter was reassigned to the Honorable Jerome Becker, as Special Referee, for preparation of a report with respect to his findings on the issues. By opinion and order of this court dated November 3, 2003, the respondent was suspended from the practice of law for an additional period of five years, based on the Special Referee 's report which sustained the charge of professional misconduct.

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

ORDERED that the motion 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, including but not limited to, review of the respondent's multiple fee applications for work performed prior to his suspension.

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

ENTER:

James Edward Pelzer

Clerk of the Court