Appellate Division: Second Judicial Department

M115375

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

THOMAS A. DICKERSON, JJ.

1999-02516 In the Matter of S. Hal Mercer IV, a disbarred attorney. (Attorney Registration No. 1593367)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by S. Hal Mercer IV for reinstatement as an attorney and counselor-at-law. Mr. Mercer was admitted to the Bar as an attorney and counselor-at-law at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 28, 1978. By decision and order on application of this Court dated June 22, 1999, the matter was referred to the Honorable Stanley Harwood, as Special Referee to hear and report. By decision and order on motion of this Court dated December 28, 1999, Mr. Mercer's motion to dismiss the petition was denied. By decision and order on motion of this Court dated January 18, 2000, Mr. Mercer's motion to direct Malcolm Fein, Esq., to make a certain file available for discovery and inspection was denied. By opinion and order Court dated June 25, 2001, Mr. Mercer was disbarred based on four charges of professional misconduct. By decision and order on motion of this Court dated November 1, 2001, Mr. Mercer's motion to reargue the opinion and order dated June 25, 2001, 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 S. Hal Mercer IV does not demonstrate the requisite fitness and character to practice law.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court