Appellate Division: Second Judicial Department

M114925

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2000-08962 In the Matter of Gary J. Rothman, a disbarred attorney. (Attorney Registration No. 2426971)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Gary J. Rothman for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Rothman was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973. By decision and order of this Court dated December 10, 1984, the respondent was disbarred based upon a felony conviction. Thereafter, on February 20, 1986, his conviction was reversed and the case was remitted for a new trial (see Matter of Rothman, 117 AD2d 535, aff'd, 69 NY2d 767). By decision and order on motion of this Court dated July 28, 1986, Mr. Rothman motion for reinstatement was denied and the Grievance Committee was authorized to institute a disciplinary proceeding against him based, inter alia, upon the acts underlying the criminal charges. On January 13, 1988, Mr. Rothman pleaded guilty to the crime of conspiracy in the fifth degree, a class A misdemeanor, and was sentenced to a $1,000 fine. By opinion dated August 29, 1988, this Court confirmed the Special Referee's report which sustained the charge of professional misconduct, and suspended Mr. Rothman from the practice of law for a period of five years, nunc pro tunc, as of December 10, 1984. By decision and order of this Court dated June 27, 1991, Mr. Rothman was reinstated to the bar. By letter dated July 6, 2000, Mr. Rothman advised the Court that on May 12, 2000, he pleaded guilty in Supreme Court, New York County, to conspiracy in the fifth degree, a class A misdemeanor, in violation of Penal Law § 105.05(1), charges unrelated to his prior conviction. Mr. Rothman was sentenced to a conditional discharge and a $1,000 fine with the understanding that he resign from the bar. By opinion and order of this Court dated January 16, 2001, Mr. Rothman was disbarred upon his resignation. By decision and order on motion of this Court dated June 11, 2009, Mr. Rothman'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 held in abeyance and the matter is referred to the Committee on Character and Fitness to investigate and report on Mr. Rothman's fitness to be an attorney.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court