Appellate Division: Second Judicial Department

M170493

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, 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 pursuant to 22 NYCRR 691.13(e) for reinstatement to the Bar as an attorney and counselor-at-law. 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. Additionally, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against him based on the acts of professional misconduct set forth in its motion papers dated December 20, 2002, 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), following receipt of the medical expert's report, based on a finding that he 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 was continued to be held in abeyance. By decision and order on motion of this Court dated May 2, 2012, Mr. Bayger's motion, inter alia, for reinstatement as an attorney and counselor-at-law 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 it is further,

ORDERED that Frank R. Bayger is directed to arrange for his examination by Dr. John W. Wadsworth to determine if he is no longer incapacitated and that the expense for such examination is to be borne by Mr. Bayger; and it is further,

ORDERED that the disciplinary proceeding is continued to be held in abeyance.

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

ENTER:

Aprilanne Agostino

Clerk of the Court