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

2023 NY Slip Op 05026

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 5, 2023
• Docket: PM-236-23
• Status: Published

Opinion

Matter of Attorneys in Violation of Judiciary Law § 468-a (Haltiwanger) (2023 NY Slip Op 05026)

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

2023 NY Slip Op 05026

Decided on October 5, 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:October 5, 2023

PM-236-23

[*1]In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Nuria L. Haltiwanger, Respondent. (Attorney Registration No. 4453015.)

Calendar Date:September 25, 2023
Before:Lynch, J.P., Clark, Pritzker, McShan and Powers, JJ., concur.

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department.

Nuria L. Haltiwanger, Miami, Florida, respondent pro se.

Motion by respondent for an order reinstating her to the practice of law following her suspension by October 2021 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 198 AD3d 1068, 1076 [3d Dept 2021]; see Rules for Atty 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 July 13, 2023 and the September 20, 2023 responsive 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 Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16 [a]), 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.

Lynch, J.P., Clark, Pritzker, McShan and Powers, JJ., concur.