Matter of Whiting
2012 NY Slip Op 00459 [91 AD3d 1266]
January 26, 2012
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


In the Matter of Kenneth P. Whiting III, a Suspended Attorney, Respondent. Committee on Professional Standards, Petitioner.

[*1] Peter M. Torncello, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner.

Hinman, Howard & Kattel, Binghamton (Jon S. Blechman of counsel), for respondent.

Per Curiam. Respondent was admitted to practice by this Court in 1978. He maintained an office for the practice of law in the City of Binghamton, Broome County.

By decision dated December 9, 2010, respondent was suspended by this Court for a period of three months (Matter of Whiting, 79 AD3d 1359 [2010]). He now applies for reinstatement. 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 the 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 rule regarding reinstatement (see 22 NYCRR 806.12 [b]), and that he possesses the character and general fitness to resume the practice of law. [*2]

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

Mercure, A.P.J., Malone Jr., Stein, Garry 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.