Appellate Division: Second Judicial Department

M83284

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WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS

FRED T. SANTUCCI, JJ.

1999-00738 In the Matter of Edmund Fitzgerald, admitted as Edmund G. Fitzgerald, Jr., a disbarred attorney. (Attorney Registration No. 1155415)

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 Second Judicial Department on September 7, 1977, under the name Edmund G. Fitzgerald, Jr. By opinion and order of this court dated December 4, 2000, the respondent was disbarred based on five charges of professional misconduct. By decision and order on motion of this court dated March 15, 2001, the respondent's motion for reconsideration of the December 4, 2000, opinion and order, or for leave to appeal to the Court of Appeals from the opinion and order, was denied. By decision and order on motion of this court dated October 18, 2002, the respondent's motion for reconsideration of the opinion and order dated December 4, 2000, and for modification of the sanction imposed, was denied.

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.

MASTRO, J.P., RIVERA, SPOLZINO, SKELOS and SANTUCCI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court