Matter of Hibner, John R.
Motion No: 2007-08060
Slip Opinion No: 2016 NY Slip Op 76414(U)
Decided on June 9, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M211940

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-08060

In the Matter of John R. Hibner, a suspended

attorney.

(Attorney Registration No. 1142629)

DECISION & ORDER ON MOTION
FOR REINSTATEMENT

Motion by John R. Hibner for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Hibner was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 15, 1978. By decision and order on application of this Court dated December 28, 2007, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Hibner based on a verified petition dated August 23, 2007, and the matter was referred to the Hon. Joseph A. Esquirol, Jr., as Special Referee, to hear and report. By opinion and order of this Court dated March 23, 2010, Mr. Hibner was suspended from the practice of law for a period of four years based on nine charges of professional misconduct. By decision and order on motion of this Court dated November 13, 2014, Mr. Hibner's motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current character and general fitness to practice law, including but not limited to, the scope of Mr. Hibner's employment during the period of his suspension, the listing "attorney" as his occupation on the tax returns submitted in connection with his motion for reinstatement, and the absence of any letters from character witnesses.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

ORDERED that the motion is denied.

We find that John R. Hibner does not demonstrate the requisite fitness and character to practice law.

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

ENTER:

Aprilanne Agostino

Clerk of the Court