Matter of Oswald

Matter of Oswald 2016 NY Slip Op 00250 Decided on January 14, 2016 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: January 14, 2016

[*1]In the Matter of JOSEPH H. OSWALD, a Disbarred Attorney. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner; JOSEPH H. OSWALD, Respondent. (Attorney Registration No. 2002699)

Calendar Date: December 28, 2015
Before: McCarthy, J.P., Rose, Lynch and Devine, JJ.

Monica A. Duffy, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner.

Law Offices of Timothy J. O'Connor, Albany (Timothy J. O'Connor of counsel), for respondent.

Per Curiam

MEMORANDUM AND ORDER

Respondent was disbarred by this Court in 2007 (46 AD3d 1327 [2007]). By application filed January 26, 2015, respondent applied for reinstatement. Petitioner opposes the motion. By report dated December 2, 2015, a subcommittee of the Committee on Character and Fitness, to whom respondent's application for reinstatement was referred (see Rules of App Div, 3d Dept [22 NYCRR] § 806.12 [b]), recommended, by a 2-to-1 vote, that respondent's reinstatement application be granted, albeit with multiple restrictions.

Upon our review of, among other things, respondent's application and subcommittee testimony, we find that respondent has failed to sufficiently demonstrate that he possesses the requisite character and fitness to resume the practice of law (see Matter of Krouner, 84 AD3d 1585 [2011]; Matter of Wong, 34 AD3d 918 [2006]). Accordingly, the application for reinstatement is denied.

McCarthy, J.P., Rose, Lynch and Devine, JJ., concur.

ORDERED that respondent's application is denied.