Appellate Division: Second Judicial Department

M148293

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

CHERYL E. CHAMBERS, JJ.

2000-08962 In the Matter of Gary J. Rothman, a disbarred attorney. (Attorney Registration No. 2426971)

DECISION & ORDER ON MOTION

Motion by Gary J. Rothman, in effect, for leave to reargue a decision and order of this Court dated June 1, 2012, which denied his motion for reinstatement. Mr. Rothman was admitted to the bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on February 21, 1973. By order of this Court dated December 10, 1984, Mr. Rothman was disbarred based upon a felony conviction. Thereafter, on February 20, 1986, his conviction was reversed and the case was remitted for a new trial (Matter of Rothman, 117 AD2d 535, aff'd, 69 NY2d 767). By order of this Court dated July 28, 1986, Mr. Rothman's motion for reinstatement was denied and the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute a disciplinary proceeding against him based, inter alia, upon the acts underlying the criminal charges. On January 13, 1988, Mr. Rothman pleaded guilty to the crime of conspiracy in the fifth degree, a class A misdemeanor, and was sentenced to a $1,000 fine. By opinion dated August 29, 1988, this Court confirmed the Special Referee 's report which sustained the charge of professional misconduct, and suspended Mr. Rothman from the practice of law for a period of five years, nunc pro tunc, as of December 10, 1984. By decision and order on motion of this Court dated June 27, 1991, Mr. Rothman was reinstated to the Bar.

By letter dated July 6, 2000, Mr. Rothman advised the Court that on May 12, 2000, he pleaded guilty in Supreme Court, New York County, to conspiracy in the fifth degree, a class A misdemeanor, in violation of Pena Law § 105.05(1), on charges unrelated to his prior conviction. Mr. Rothman was sentenced to a conditional discharge and a $1,000 fine with the understanding that he resign from the bar. By opinion and order of this Court dated January 16, 2001, Mr. Rothman was disbarred upon his resignation.

By decision and order on motion of this Court dated June 11, 2009, Mr. Rothman's first motion for reinstatement was denied. By decision and order on motion of this Court dated February 2, 2011, Mr. Rothman's second motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his fitness to be an attorney. By decision and order on motion of this Court dated June 1, 2012, Mr. Rothman's second motion for reinstatement was denied.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

ENG, P.J., MASTRO, RIVERA, SKELOS and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court