Matter of DeLorenzo

Summary

The Appellate Division, Third Department denied Paul Edward DeLorenzo's motion for reinstatement from an interim suspension. The court found that he had not shown by clear and convincing evidence that he complied with the suspension order and applicable rules, possessed the requisite character and fitness, or that reinstatement would serve the public interest. The court also held that future reinstatement applications from interim suspensions should follow the procedures applicable to suspensions lasting more than six months, including submission of the long-form affidavit and recent MPRE results.

Holdings

1. Respondent was not entitled to reinstatement because he failed to establish by clear and convincing evidence that he complied with the suspension order and applicable rules, possessed the requisite character and fitness, or that reinstatement would serve the public interest.
2. The procedures applicable to reinstatement from an interim suspension are guided by the actual duration of the suspension at the time the reinstatement application is made. An attorney suspended for more than six months must use the long-form affidavit procedure and submit proof of having passed the MPRE within one year before filing the application.

Questions Presented

1. Whether respondent established by clear and convincing evidence that he complied with the interim suspension order and applicable attorney-discipline rules, possessed the requisite character and fitness, and could be reinstated consistently with the public interest.
2. What reinstatement procedures govern an attorney suspended indefinitely on an interim basis when the attorney has been suspended for more than six months at the time of the application.

Disposition

dismissed