Appellate Division: Second Judicial Department

M137099

E/nl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

DANIEL D. ANGIOLILLO, JJ.

2002-11477 In the Matter of Frank R. Bayger, a suspended attorney. (Attorney Registration No. 1096809)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Frank R. Bayger for reinstatement to the Bar as an attorney and counselor-at-law, pursuant to 22 NYCRR 691.13(e) and waiver of the requirement that he achieve a passing grade on the Multistate Professional Responsibility Exam. Mr. Bayger was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Fourth Judicial Department on November 2, 1955. By decision and order on motion of this Court dated April 30, 2003, Mr. Bayger was suspended from the practice of law, pursuant to 22 NYCRR 691.13 (c), based on his contention that he was suffering from an illness which made it impossible for him to defend himself, until a determination could be made with respect to his capacity to continue to practice law. By the same order, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against Mr. Bayger based on the acts of professional misconduct set forth in the motion papers, dated December 20, 2002; the issues were referred to the Honorable Vincent Pizzuto, as Special Referee to hear and report; Mr. Bayger was directed to be expeditiously examined by a qualified medical expert to ascertain his capacity to practice law; and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. By decision and order on motion of this Court dated October 27, 2003, Mr. Bayger was suspended from the practice of law, pursuant to 22 NYCRR 691.13(b), upon receipt of the medical expert's report, based on a finding that Mr. Bayger was incapacitated from continuing to practice law for an indefinite period of time and until further order of the Court, and the previously authorized disciplinary proceeding continued to be held in abeyance.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court