Appellate Division: Second Judicial Department

M202015

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

SYLVIA HINDS-RADIX, JJ.

2006-06891 In the Matter of Benjamin Katz, admitted as Benjamin Zev Katz, a suspended attorney. Attorney Registration No. 2657674)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Benjamin Katz for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Katz was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on April 5, 1995, under the name Benjamin Zev Katz. By decision and order on motion of this Court dated December 19, 2006, Mr. Katz was immediately suspended pursuant to 22 NYCRR 691.13(c), based on his claimed medical disability, until a determination could be made concerning his capacity to continue to practice law; he was directed to be expeditiously examined by a qualified medical expert; the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against him; 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 July 18, 2007, the suspension based upon Mr. Katz's claimed medical disability was vacated upon the report of the court-appointed medical expert; the parties were directed to proceed with the previously-authorized disciplinary proceeding; and the issues raised were referred to John P. Clarke, Esq., as Special Referee, to hear and report. By opinion and order of this Court dated February 24, 2009, Mr. Katz was suspended from the practice of law for a period of five years based on five charges of professional misconduct (see Matter of Katz, 61 AD3d 213). By decision and order on motion of this Court dated November 12, 2009, Mr. Katz's motion to amend the opinion and order dated February 24, 2009, was granted to the extent that he was given credit for time served under his suspension pursuant to 22 NYCRR 691.13(c).

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 Mr. Katz's current character and general fitness to practice law, including but not limited to, his employment, change in financial circumstances since 2013, and his mental health status.

ENG, P.J., MASTRO, RIVERA, DILLON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court