Appellate Division: Second Judicial Department

M148289

E/ct

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

DANIEL D. ANGIOLILLO, 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 as an attorney and counselor-at-law. Separate motion by Mr. Brandes pursuant to 22 NYCRR 690.17 to grant his application for reinstatement notwithstanding the recommendation of the Committee on Character and Fitness. 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 decision and order on motion of this Court dated October 26, 1999, the Grievance Committee for the Tenth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Brandes, and the matter was referred to the Honorable Joseph A. Esquirol, Jr., as Special Referee to hear and report. By decision and order on motion of this Court dated March 28, 2000, Mr. Brandes' motion to dismiss the previously authorized disciplinary proceeding was denied. By opinion and order of this Court dated April 8, 2002, Mr. Brandes was disbarred upon a finding that he was guilty of five charges of professional misconduct. 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.

Upon the papers filed in support of the motion for reinstatement and the papers filed in relation thereto, upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, and upon the papers filed in support of the motion pursuant to 22 NYCRR 690.17 and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are denied.

We find that Mr. Brandes does not demonstrate the requisite fitness and character to practice law.

ENG, P.J., MASTRO, RIVERA, SKELOS and ANGIOLILLO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court