Matter of Attorneys in Violation of Judiciary Law ? 468-a (Daze) ( 2024 )

Matter of Attorneys in Violation of Judiciary Law § 468-a (Daze) (2024 NY Slip Op 04505)

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

2024 NY Slip Op 04505

Decided on September 19, 2024

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:September 19, 2024

PM-183-24

[*1]In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Andi David Daze, Respondent. (Attorney Registration No. 4849733.)

Calendar Date:August 12, 2024
Before:Garry, P.J., Pritzker, Ceresia, Powers and Mackey, 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.

Tesser, Ryan & Rochman, LLP, White Plains (Randall Tesser of counsel), for respondent.

Motion by respondent for an order reinstating him to the practice of law following his suspension by May 2019 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 AD3d 1706, 1719 [3d Dept 2019]; see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16).

Upon reading respondent's affidavit with exhibits sworn to June 11, 2024, and the August 5, 2024 correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has satisfied the requirements of Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) (5); (2) respondent has complied with the order of suspension and the rules of this Court, (3) respondent has the requisite character and fitness to practice law, and (4) 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.

Garry, P.J., Pritzker, Ceresia, Powers and Mackey, JJ., concur.