Appellate Division: Second Judicial Department

M94461

E/cb

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

DANIEL D. ANGIOLILLO, JJ.

1998-07562 In the Matter of Gerard P. McLoughlin, admitted as Gerard Peter McLoughin, a suspended attorney. (Attorney Registration No. 1137652)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement to the bar 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 May 5, 1976, under the name Gerard Peter McLoughlin. By decision and order on motion of this court dated December 7, 1998, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the issues raised were referred to the Honorable Harry H. Kutner, as Special Referee to hear and report. By opinion and order of this court dated February 28, 2000, the respondent was suspended from the practice of law for a period of two years based on his conviction of attempted petit larceny, a class B misdemeanor.

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 fitness to be an attorney, including, but not limited to, the underlying circumstances of the respondent's misdemeanor conviction, whether the respondent ever notified the federal courts of his suspension, and whether court approval was obtained for the quantum merit fees he received after his suspension.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court