Appellate Division: Second Judicial Department

M137102

E/nl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

ROBERT J. MILLER, JJ.

2005-05518 In the Matter of Michael Weinreb, admitted as Michael L. Weinreb, a disbarred attorney. (Attorney Registration No. 1726900)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Michael Weinreb for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Weinreb 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 Michael L. Weinreb. On June 16, 2004, Mr. Weinreb pleaded guilty, in a sealed proceeding, in the Supreme Court, Nassau County, before the Honorable Jeffrey S. Brown, to offering a false instrument for filing in the first degree, in violation of Penal Law § 175.35, a class E felony. By letter dated May 26, 2005, Mr. Weinreb's counsel advised the Court of the plea and the fact that Mr. Weinreb entered into a plea and cooperation agreement which required that he not advise anyone of his plea at that time. Mr. Weinreb requested that the Court issue a sealed, unpublished order disbarring him, authorizing the filing of his affidavit of compliance under seal, and providing that the opinion and order disbarring him be published when his conviction became a matter of public record. In a not-to-be -published opinion and order dated January 26, 2006, the Court granted that request with the consent of the petitioner. By letter dated February 21, 2006, Mr. Weinreb's counsel informed the Court that Mr. Weinreb had completed his cooperation agreement with law enforcement authorities and was sentenced in a public proceeding on February 2, 2006, to three years conditional discharge, with the condition that he forfeit the sum of $200,000. By opinion and order of this Court dated May 23, 2006, Mr. Weinreb 's prior automatic disbarment was made public and his name was stricken from the roll of attorneys and counselors-at-law as of June 16, 2004.

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 Michael L. Weinreb's current fitness to be an attorney.

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

ENTER:

Aprilanne Agostino

Clerk of the Court