Matter of Gross
2011 NY Slip Op 06075 [86 AD3d 910]
July 28, 2011
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 31, 2011


In the Matter of David R. Gross, a Suspended Attorney, Respondent. Committee on Professional Standards, Petitioner.

[*1] Peter M. Torncello, Committee on Professional Standards, Albany (Steven D. Zayas of counsel), for petitioner.

David R. Gross, New Vernon, New Jersey, respondent pro se.

Per Curiam. Respondent was admitted to practice by this Court in 1982. He maintained an office for the practice of law in New Jersey, where he was admitted to the bar in 1960.

By decision dated September 9, 2010, this Court suspended respondent for a period of 90 days based upon his prior three-month suspension in New Jersey (Matter of Gross, 76 AD3d 1115 [2010]; In re Gross, 202 NJ 39, 994 A2d 523 [2010]). The New Jersey Supreme Court has reinstated respondent to the practice of law (In re Gross, 203 NJ 374, 3 A3d 515 [2010]). Respondent now applies for reinstatement in this state. Petitioner advises that it does not oppose the application.

Our examination of the papers submitted on the application indicates that respondent has complied with the provisions of the order of suspension and with this Court's rules regarding the conduct of suspended attorneys (see 22 NYCRR 806.9). We are also satisfied that respondent has complied with the requirements of this Court's rules regarding reinstatement (see 22 NYCRR 806.12 [b]), and that he possesses the character and general fitness to resume the [*2]practice of law.

Accordingly, the application is granted and respondent is reinstated to the practice of law, effective immediately.

Peters, J.P., Spain, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that respondent's application is granted; and it is further ordered that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.