Appellate Division: Second Judicial Department

M98068

S/ct

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

STEVEN W. FISHER

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

1999-02259 In the Matter of Seth Darryl Bykofsky, a disbarred attorney. (Attorney Registration No. 1769504)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by the respondent for reinstatement as an attorney and counselor-at-law. By opinion and order of this Court dated June 21, 1999, the respondent was disbarred pursuant to Judiciary Law §90(4), and his name was stricken from the roll of attorneys and counselors-at-law, based upon his conviction of a felony. By decision and order on motion of this Court dated June 12, 2007, on the court's own motion, the respondent's counsel, Chris G. McDonough, Esq., was disqualified from representing the respondent in connection with his application for reinstatement. By the same order, the respondent's motion for reinstatement was held in abeyance in the interim with leave to the respondent to obtain new counsel or proceed pro se. By decision and order on motion of this Court dated February 29, 2008, the respondent's motion for reinstatement was held in abeyance and the matter was 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, (1) the details concerning the respondent 's abandonment of his law practice in 1997 and the affirmative steps taken by the respondent to comply with 22 NYCRR 691.10 and the court's order of disbarment; (2) the nature of the respondent's employment with National Recovery Services; (3) the circumstances behind the respondent listing his occupation as attorney on his tax returns for 2000 and 2001; (4) the respondent's 1999 tax return; and (5) the absence of character witnesses. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 17, 1982.

Upon the papers submitted in support of the motion and the papers submitted in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

ORDERED that the motion is denied.

We find that the respondent does not demonstrate the requisite fitness and character to practice law at the present time.

PRUDENTI, P.J., RIVERA, FISHER, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court