Matter of Boericke , 2023 NY Slip Op 01568 ( 2023 )

Matter of Boericke (2023 NY Slip Op 01568)

Matter of Boericke

2023 NY Slip Op 01568

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-59-23

[*1]In the Matter of John Bradley Boericke, a Suspended Attorney. Attorney Grievance Committee for the Third Judicial Department, Petitioner; JOhn Bradley Boericke, Respondent. (Attorney Registration No. 4170916.)

Calendar Date:December 19, 2022
Before:

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

Troutman Pepper Hamilton Sanders LLP, New York City (Stephen G. Rinehart of counsel), for respondent.

Motion by respondent for an order reinstating him to the practice of law following his suspension by September 2022 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 208 AD3d 1421, 1425 [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 15, 2022, and the December 14, 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 §468-a [Rosenblatt], 211 AD3d 1320, 1321 [3d Dept 2022]), 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., Clark, Pritzker, Ceresia and McShan, JJ., concur.