Appellate Division: Second Judicial Department

M226047

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

1999-07006 In the Matter of Joel R. Brandes, a disbarred attorney. (Attorney Registration No. 1168483)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Joel R. Brandes for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Brandes was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on March 19, 1969. By opinion and order of this Court dated April 28, 2002, Mr. Brandes was disbarred upon a finding that he was guilty of five charges of professional misconduct (see Matter of Brandes, 292 AD2d 129). By decision and order on motion of this Court dated October 16, 2002, Mr. Brandes's motion for reargument or for leave to appeal to the Court of Appeals was denied. By decision and order on motion of this Court dated November 5, 2009, Mr. Brandes's first motion for reinstatement was denied. By decision and order on motion of this Court dated April 26, 2011, Mr. Brandes's second 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 fitness to be an attorney. By decision and order on motion of this Court dated December 17, 2012, this Court, inter alia, denied Mr. Brandes's second motion for reinstatement. By decision and order on motion of this Court dated December 5, 2013, Mr. Brandes's motion for leave to file a motion for reinstatement as an attorney and counselor-at-law prior to expiration of the one-year period pursuant to 22 NYCRR 691.11(e)(1) was denied. By decision and order on motion of this Court dated April 8, 2014, Mr. Brandes's third motion for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on Mr. Brandes's current fitness to practice law. By decision and order on motion of this Court dated June 3, 2015, Mr. Brandes's third motion for reinstatement was denied. By order dated November 1, 2016, the Court of Appeals affirmed the decision and order on motion of this Court dated June 3, 2015, finding no abuse of discretion in this Court's determination, (see Matter of Brandes, 28 NY3d 1041).

Upon the papers filed in support of the motion and the papers filed in opposition and 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 Joel R. Brandes's character and fitness to practice law.

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

ENTER:

Aprilanne Agostino

Clerk of the Court