Appellate Division: Second Judicial Department

M111907

E/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

L. PRISCILLA HALL, JJ.

1999-11688 In the Matter of Russell Carbone, admitted as Russell John Carbone, a disbarred attorney. (Attorney Registration No. 1709070)

DECISION & ORDER ON MOTION ON 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 Third Judicial Department on April 14, 1981, under the name Russell John Carbone. By decision and order on motion of this Court dated December 23, 1999, the respondent was immediately suspended from the practice of law pursuant to Judiciary Law § 90(4)(f) as a result of his conviction in the United States District Court for the Southern District of Florida on October 14, 1999, of multiple felony counts. On February 20, 2001, he was sentenced to a term of 60 months imprisonment for convictions of, inter alia, conspiracy in violation of 18 USC § 371, and subornation of perjury, in violation of 18 USC § 1622, a consecutive term of 120 months imprisonment for a conviction of obstruction of justice, in violation of 18 USC § 1503, and 2 years of supervised release. By opinion and order dated August 13, 2001, this Court disbarred the respondent pursuant to Judiciary Law § 90(4) based on his felony convictions, effective immediately.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation 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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court