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

2022 NY Slip Op 02856 (App. Div. 2022) · Supreme Court of the State of New York, Appellate Division, Third Department · April 28, 2022 · No. PM-95-22

Summary

The Appellate Division, Third Department granted Nazanin Baseri's application for reinstatement to the New York bar after her suspension for failing to comply with attorney registration requirements under Judiciary Law § 468-a. The court found that she satisfied the procedural requirements, demonstrated compliance with the suspension order and court rules, and established the requisite character and fitness for practice.

Holdings

  1. Respondent satisfied the applicable procedural requirements by submitting a sworn affidavit in the proper form and sufficient threshold documentation, including proof that she successfully completed the Multistate Professional Responsibility Examination within one year of her application.
  2. Respondent met the reinstatement standard because she demonstrated compliance with the order of suspension and the court's rules, clearly and convincingly possessed the requisite character and fitness to practice law, and showed that reinstatement would be in the public interest.

Questions Presented

  1. Whether respondent satisfied the procedural requirements for reinstatement after a suspension of more than six months.
  2. Whether respondent demonstrated compliance with the suspension order and court rules, the requisite character and fitness to practice law, and that reinstatement would be in the public interest.

Disposition

other

Cases Cited (6)

  • Matter of Attorneys in Violation of Judiciary Law § 468, 172 AD3d 1706, 1711 (2019)(followed)
  • Matter of Attorneys in Violation of Judiciary Law § 468-a (Nenninger), 180 AD3d 1317, 1318 (2020)(followed)
  • Matter of Attorneys in Violation of Judiciary Law § 468-a (Castle), 161 AD3d 1443, 1444 (2018)(distinguished)
  • Matter of Attorneys in Violation of Judiciary Law § 468-a (Gibson), 186 AD3d 961, 962 (2020)(followed)
  • Matter of Attorneys in Violation of Judiciary Law § 468-a (Toussaint), 196 AD3d 830, 830-831 (2021)(followed)
  • Matter of Attorneys in Violation of Judiciary Law § 468-a (Hermanson), 188 AD3d 1555, 1556 (2020)(followed)

Cited In (0)

No citing cases on record yet.

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