Matter of Attorneys in Violation of Judiciary Law § 468-a (Brody)

2023 NY Slip Op 02167

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 27, 2023
• Docket: PM-90-23
• Status: Published

Opinion

Matter of Attorneys in Violation of Judiciary Law § 468-a (Brody) (2023 NY Slip Op 02167)

Matter of Attorneys in Violation of Judiciary Law § 468-a (Brody)

2023 NY Slip Op 02167

Decided on April 27, 2023

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:April 27, 2023

PM-90-23

[*1]In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Tyler Brody, Respondent. (Attorney Registration No. 4494787.)

Calendar Date:January 30, 2023
Before:

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany, for Attorney Grievance Committee for the Third Judicial Department.

Frankfurt Kurnit Klein & Selz, PC, New York City (Nicole I. Hyland of counsel), for respondent.

Motion by respondent for an order reinstating him to the practice of law following his suspension by October 2021 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 198 AD3d 1068, 1072 [3d Dept 2021]; see Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16).

Upon reading respondent's notice of motion and affidavit with exhibits sworn to December 27, 2022 and the January 26, 2023 correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has complied with the order of suspension and the rules of this Court, (2) respondent has the requisite character and fitness to practice law, and (3) it would be in the public interest to reinstate respondent to the practice of law (see Matter of Attorneys in Violation of Judiciary Law §468-a [Lefkowitz], 213 AD3d 1072, 1075 [3d Dept 2023]), it is

ORDERED that respondent's motion for reinstatement is granted; and it is further

ORDERED that respondent is reinstated as an attorney and counselor-at-law, effective immediately.

Garry, P.J., Egan Jr., Aarons, Ceresia and Fisher, JJ., concur.