Appellate Division: Second Judicial Department

M118953

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2003-07795 In the Matter of Avi J. Kasten, admitted as Avi Joseph Kasten, a suspended attorney. (Attorney Registration No. 1725936)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Renewed motion by Avi J. Kasten for reinstatement as an attorney and counselor-at-law. Mr. Kasten was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on May 6, 1981, under the name Avi Joseph Kasten. By opinion and order of this Court dated March 7, 2005, Mr. Kasten was suspended from the practice of law, for a period of one year, commencing April 7, 2005. By decision and order on motion of this Court dated April 7, 2005, Mr. Kasten's motion for leave to reply to the Grievance Committee's motion to confirm the Special Referee's report and to set aside the opinion and order dated March 7, 2005, was denied. By decision and order on motion of this Court dated April 18, 2006, Mr. Kasten's motion for reinstatement was held in abeyance and the matter referred to the Committee on Character and Fitness to investigate and report on his then-current fitness to practice law, including but not limited to details of his compliance with this Court's suspension order. By decision and order on motion of this Court dated October 20, 2006, Mr. Kasten 's first motion for reinstatement as an attorney and counselor-at-law was denied on the ground that he did not demonstrate the requisite fitness and character to practice law. By decision and order on motion of this Court dated October 1, 2007, Mr. Kasten's second motion for reinstatement as an attorney and counselor-at-law was denied with leave to renew following the expiration of one year from the entry of the order dated October 20, 2006, denying his prior motion for reinstatement. By decision and order on motion of his Court dated March 27, 2008, Mr. Kasten's third motion for reinstatement was denied with leave to renew upon resolution of the complaints pending before the Grievance Committee for the Tenth Judicial District, or after a period of one year. By decision and order on motion dated July 23, 2008, Mr. Kasten's motion for leave to reargue the order dated March 27, 2008, and, upon reargument, to grant his third motion for reinstatement, was denied. By decision and order on motion of this Court dated January 14, 2010, Mr. Kasten 's fourth motion for reinstatement was denied with leave to renew upon resolution of all complaints pending before the Grievance Committee for the Tenth Judicial District.

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 Avi J. Kasten's current fitness to be an attorney.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court