Matter of Tran , 2023 NY Slip Op 01575 ( 2023 )

Matter of Tran (2023 NY Slip Op 01575)

Matter of Tran

2023 NY Slip Op 01575

Decided on March 23, 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:March 23, 2023

PM-66-23

[*1]In the Matter of Diane Nhi Tran, a Suspended Attorney. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Diane Nhi Tran, Respondent. (Attorney Registration No. 5129713.)

Calendar Date:December 12, 2022
Before:

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

Diane Nhi Tan, London, England, respondent pro se.

Motion by respondent for an order reinstating her to the practice of law following her suspension by September 2022 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 208 AD3d 1421, 1443 [3d Dept 2022]; 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 November 2, 2022, and the December 9, 2022 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 § 468a [Toussaint], 196 AD3d 830, 831-832 [3d Dept 2021]), 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.

Egan Jr., J.P., Lynch, Aarons, Ceresia and McShan, JJ., concur.