Appellate Division: Second Judicial Department

M155805

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2007-06437 In the Matter of Frederick Klarer, a suspended attorney. (Attorney Registration No. 1968981)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Frederick Klarer for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Klarer was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 30, 1985. By decision and order on application of this Court dated December 6, 2007, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Klarer based upon the acts of professional misconduct set forth in a petition dated June 27, 2007, Mr. Klarer was barred from relitigating any of the factual issues in the proceeding based on the doctrine of collateral estoppel, and the matter was referred to the Hon. Stanley Harwood, as Special Referee to hear and report on the issue of mitigation. By opinion and order of this Court dated August 25, 2009, Mr. Klarer was suspended from the practice of law for a period of three years, commencing September 25, 2009. By decision and order on motion of this Court dated March 23, 2010, Mr. Klarer 's motion for reconsideration and downward modification of the sanction imposed was denied.

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 Frederick Klarer's current fitness to practice law.

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

ENTER:

Aprilanne Agostino

Clerk of the Court