Appellate Division: Second Judicial Department

M224907

E/ct

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2012-01557 In the Matter of Alexander Herman, a suspended attorney. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Alexander Herman, respondent. (Attorney Registration No. 2083236)

DECISION & ORDER ON MOTION

Motion by the respondent 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 May 4, 1983. By decision and order on motion of this Court dated May 15, 2012, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent based on the allegations of professional misconduct set forth in a petition dated February 14, 2012, and the issues were referred to the Honorable Abraham Gerges, as Special Referee, to hear and report. By decision and order on application of this Court dated April 1, 2013, the respondent was suspended on a voluntary and provisional basis, pursuant to former 22 NYCRR 691.13(c)(1), based on the contention that he suffered from a mental infirmity, until a determination was made of his capacity to practice law. Additionally, the Grievance Committee was directed to arrange for the respondent's expeditious examination by a qualified medical expert, and the disciplinary proceeding was held in abeyance pending receipt of the medical expert's report. By decision and order on application of this Court dated February 14, 2014, the respondent's application, pursuant to former 22 NYCRR 691.13(e) (1), for the appointment of a qualified medical expert to determine whether he was no longer incapacitated and was capable of defending himself was granted, and the disciplinary proceeding previously authorized was continued to be held in abeyance pending receipt of the medical expert's report.

Upon the papers filed in support of the motion, including the report of Dr. Michael E. Weiss dated September 13, 2016, and the report of Dr. Amy S. Hoffman dated March 11, 2014, and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the respondent's suspension pursuant to former 22 NYCRR 691.13(c), which was based on a mental infirmity, is vacated; and it is further,

ORDERED that, effective immediately, Alexander Herman, is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Alexander Herman to the roll of attorneys and counselors-at-law; and it is further,

ORDERED that the parties are directed to proceed with the previously authorized disciplinary proceeding which was held in abeyance by decision and order on application of this Court dated April 1, 2013.

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

ENTER:

Aprilanne Agostino

Clerk of the Court