Appellate Division: Second Judicial Department

M123209

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2011-02036 In the Matter of Elizabeth Kandiew Fuglestad, admitted as Elizabeth A. Kandiew, an attorney and counselor-at-law. (Attorney Registration No. 2444848)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order dated July 12, 2011, in the above-entitled matter is recalled and vacated, and the following order is substituted therefor:

2011-02036 DECISION & ORDER

VOLUNTARY RESIGNATION

In the Matter of Elizabeth Kandiew

Fuglestad, admitted as Elizabeth A. Kandiew,

an attorney and counselor-at-law.

(Attorney Registration No. 2444848)

Elizabeth Kandiew Fuglestad has voluntarily submitted an affidavit dated February 10, 2011, wherein she resigns from the New York State Bar. Ms. Fuglestad was admitted to the Bar in the State of New York at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 11, 1991, under the name Elizabeth A. Kandiew. There are no complaints or charges of professional misconduct pending against her. Ms. Fuglestad presently resides in Washington, does not practice law in New York, and under these circumstances, does not wish to pay the biennial registration fee.

Upon the papers submitted in support of the resignation, it is

ORDERED that the voluntary resignation of Elizabeth Kandiew Fuglestad is accepted and directed to be filed; and it is further,

ORDERED that the name of Elizabeth Kandiew Fuglestad is removed from the roll of attorneys and counselors-at-law in the State of New York, without prejudice to an application for reinstatement; and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Elizabeth Kandiew Fuglestad is commanded to desist and refrain from (l) practicing law in any form, either as principal or as agent, clerk, or employee of another in the State of New York, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority in this State, (3) giving to another an opinion as to the law or its application or any advice in relation thereto in this State, and (4) holding herself out in any way as an attorney and counselor-at-law in the State of New York; and it is further,

ORDERED that if Elizabeth Kandiew Fuglestad has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court