Appellate Division: Second Judicial Department

M180278

T/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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated September 18, 2014, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by Frank R. Bayger pursuant to 22 NYCRR 691.13(e) for reinstatement to the Bar as an attorney and counselor-at-law, which was held in abeyance by decision and order on motion of this Court dated March 7, 2014, pending his examination by a qualified medical expert. Separate motion by Mr. Bayger pursuant to 22 NYCRR 691.13(e) for reinstatement to the Bar as an attorney and counselor-at-law, made following receipt of the qualified medical expert's report.

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 order dated August 7, 2002, the Appellate Division, Fourth Judicial Department, transferred investigation of certain complaints of professional misconduct against Mr. Bayger, in effect, to this Court. Subsequently, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts moved to suspend Mr. Bayger from the practice of law pursuant to 22 NYCRR 691.13(b) based upon his claim of inability to cooperate with the investigation by reason of his physical and mental disability. By decision and order on motion of this Court dated April 30, 2003, as amended October 15, 2013, this Court authorized the institution and prosecution of a disciplinary proceeding against Mr. Bayger based upon the allegations contained in the motion papers, directed his examination by a qualified medical expert to ascertain his capacity to practice law, and held the proceeding in abeyance. Following his examination by Dr. John H. Wadsworth, 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), and the previously authorized disciplinary proceeding was continued to be held in abeyance.

Subsequently, Mr. Bayger moved for reinstatement and to waive the requirement that he obtain a passing grande on the Multistate Professional Responsibility Exam, which was denied by decision and order on motion of this Court dated May 2, 2012. After passing the Multistate Professional Responsibility Exam, Mr. Bayger again moved for reinstatement, and this motion was held in abeyance by decision and order on motion of this Court dated March 7, 2014, pending his examination by a qualified medical expert. Mr. Bayger was reexamined by Dr. John H. Wadsworth on April 1, 2014, to determine if he is no longer incapacitated and Dr. Wadsworth issued a report dated April 2, 2014. Following receipt of the report, Mr. Bayger made another motion for reinstatement.

Upon the papers filed in support of the motion for reinstatement previously held in abeyance, and the papers filed in relation thereto, upon the papers filed in support of the separate motion for reinstatement and no papers having been filed in opposition or in relation thereto, and upon the report of Dr. John H. Wadsworth dated April 2, 2014, it is

ORDERED that the motions are granted on condition that on or before October 20, 2014, Frank R. Bayger file with the Clerk of this Court proof of payment of attorney registration fee arrears, as well as payment for the current registration period; and it is further,

ORDERED that upon receipt of proof of payment as directed above, pursuant to 22 NYCRR 691.13(e), the Clerk of this Court shall restore the name of Frank R. Bayger to the roll of attorneys and counselors-at-law and Frank R. Bayger shall be reinstated as an attorney and counselor-at-law; and it is further,

ORDERED that the disciplinary proceeding against Mr. Bayger previously authorized by the decision and order on motion of this Court dated April 30, 2003, as amended October 15, 2013, is discontinued without prejudice, and the investigation of certain complaints of professional misconduct against Mr. Bayger which was transferred, in effect, to this Court by the Appellate Division, Fourth Judicial Department, by order dated August 7, 2002, is transferred back to that Court for such further investigation as is deemed necessary and for disposition.

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

ENTER:

Aprilanne Agostino

Clerk of the Court