Appellate Division: Second Judicial Department

M187687

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2006-05375 In the Matter of Stuart H. Finkelstein, a disbarred attorney. (Attorney Registration No. 2300929)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Stuart H. Finkelstein for reinstatement to the Bar as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 13, 1989. By opinion and order of this Court dated February 13, 2007, the respondent was disbarred upon his resignation.

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 Stuart H. Finkelstein's current character and general fitness to practice law, including, but not limited to, examining the misconduct underlying his resignation from the practice of law, the circumstances surrounding the return of a certain check on Mr. Finkelstein's attorney trust account four years after his disbarment, the status of Mr. Finkelstein's debts, and the question of whether fees Mr. Finkelstein received after his disbarment were, in fact, paid pursuant to a court order, as required by 22 NYCRR § 691.10.

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

ENTER:

Aprilanne Agostino

Clerk of the Court