Appellate Division: Second Judicial Department

M120280

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2001-02118 In the Matter of Geoffrey T. Mott, a disbarred attorney. (Attorney Registration No. 2108868)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Geogory T. Mott for reinstatement as an attorney and counselor-at-law. Mr. Mott was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on June 14, 1987. By a decision and order on motion of this Court dated May 22, 2001, Mr. Mott was suspended from the practice of law, pursuant to 22 NYCRR 691.13(c), pending an examination by a qualified medical expert; the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Mott; the matter was referred to the Hon. Joseph A. Esquirol, Jr., as Special Referee to hear and report; and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. By decision and order on application of this Court dated July 3, 2001, the Grievance Committee was authorized to prosecute additional allegations of professional misconduct against Mr. Mott, which were also referred to the referee to hear and report. By decision and order on motion of this Court dated July 23, 2002, Mr. Mott's motion to dismiss charges two and three of the petition on the ground that there were no triable issues of fact was denied. By decision and order on motion of this Court dated November 1, 2001, Mr. Mott 's suspension pursuant to 22 NYCRR 691.13(c) was vacated; he was reinstated to the practice of law, and the parties were directed to proceed expeditiously with the previously authorized disciplinary proceeding. By opinion and order of this Court dated October 6, 2003, Mr. Mott was disbarred based on three charges of professional misconduct (see Matter of Mott, 309 AD2d 162). By decision and order on motion of this Court dated April 13, 2004, Mr. Mott's motion for reargument of the opinion and order dated October 6, 2003, or for leave to appeal to the Court of Appeals from the opinion and order, was denied. Leave to appeal from the opinion and order was denied by the New York Court of Appeals (see Matter of Mott, 3 NY3d 602). A petition for certiorari was denied by the United States Supreme Court (see Mott v Griev. Comm., 543 US 1003).

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 Geoffrey T. Mott'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