Appellate Division: Second Judicial Department

M105310

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

CHERYL E. CHAMBERS, JJ.

1998-00736 In the Matter of Mitchell Rachlin, a disbarred attorney. (Attorney Registration No. 1051119)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Renewed motion by the respondent, Mitchell Rachlin, for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the practice of law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 25, 1976. By opinion and order of this court dated November 30, 1998, the respondent was disbarred pursuant to Judiciary Law * 90(4) upon his felony conviction based upon his plea of guilty in the County Court, Nassau County, on November 26, 1997, to the crimes of insurance fraud in the third degree, in violation of Penal Law * 176.20, a class D felony, and scheme to defraud in the first degree, in violation of Penal Law * 190.65, a class E felony. He was sentenced on January 21, 1998, to concurrent terms of six months imprisonment and five years probation, and directed to pay a $5,000 fine and make restitution in the amount of $3,871. By decision and order on motion of this court dated April 15, 2005, the respondent's first motion for reinstatement was denied.

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

ORDERED that the motion is denied.

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

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

ENTER:

James Edward Pelzer

Clerk of the Court