Appellate Division: Second Judicial Department

M309169

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2009-09763 In the Matter of Serge Yakov Binder, admitted as Sergei Yakov Pereplyotchik, a disbarred attorney. (Attorney Registration No. 2790921)

DECISION & ORDER ON MOTION FOR REINSTATEMENT

Motion by Serge Yakov Binder for reinstatement to the Bar as an attorney and counselor-at-law. Binder was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 29, 1997, under the name Sergei Yakov Pereplyotchik, and subsequently his name was changed on the roll of attorneys and counselors-at-law to Serge Yakov Binder. By opinion and order of this Court dated April 20, 2010, Binder was disbarred based on his conviction of a felony, and his name was stricken from the roll of attorneys and counselors-at-law to reflect his automatic disbarment on July 30, 2009 (see Matter of Binder, 74 AD3d 54). By decision and order on motion of this Court dated March 21, 2019, Binder's first motion for reinstatement was denied. By decision and order on motion dated December 22, 2021, Binder's second motion for reinstatement was held in abeyance, and the matter was referred to a Committee on Character and Fitness to investigate and report on his character and fitness to practice law.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

ORDERED that the motion is denied.

We find that Serge Yakov Binder, admitted as Sergei Yakov Pereplyotchik, does not demonstrate the requisite character and fitness to practice law.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court