Appellate Division: Second Judicial Department

M213670

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS, JJ.

2010-01810 In the Matter of Anthony C. Donofrio, a suspended attorney. (Attorney Registration No. 2386456)

DECISION & ORDER ON MOTION

Motion by Anthony C. Donofrio for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Donofrio was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 5, 1990. By opinion and order of the Appellate Division, First Department, dated July 24, 1997, Mr. Donofrio was suspended from the practice of law for a period of one year (see Matter of Donofrio, 231 AD2d 365). Mr. Donofrio was reinstated on October 27, 1998. By decision and order on motion of this Court dated May 12, 2010, inter alia, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Donofrio based upon a verified petition dated February 3, 2010, and the issues raised were referred to the Honorable Arthur J. Cooperman, as Special Referee, to hear and report. By decision and order on motion of this Court dated June 27, 2011, Mr. Donofrio's motion to stay the disciplinary proceeding against him and allow a diversion of the proceeding pursuant to 22 NYCRR 691.4(m), permitting him to complete a monitoring program sponsored by a lawyers' assistance program and approved by the Court, was denied. By opinion and order of this Court dated January 9, 2013, Mr. Donofrio was suspended from the practice of law for a period of two years, commencing February 8, 2013. By decision and order on motion of this Court dated March 22, 2013, the effective date of Mr. Donofrio's suspension was extended until April 22, 2013, to allow him to wind down his practice. By decision and order on motion of this Court dated May 22, 2013, his second request for a stay of his suspension, pending determination of his appeal to the Court of Appeals was denied as academic in the light of the dismissal of that appeal. However, the effective date of suspension was extended until May 23, 2013. A third request for a stay was denied by decision and order on motion of this Court dated June 18, 2013.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied.

We find that Anthony C. Donofrio does not demonstrate the requisite character and fitness to practice law.

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

ENTER:

Aprilanne Agostino

Clerk of the Court