Matter of Herzog

Matter of Herzog 2016 NY Slip Op 08434 Decided on December 15, 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: December 15, 2016

[*1]In the Matter of JUSTIN D. HERZOG, a Disbarred Attorney. ATTORNEY GRIEVANCE COMMITTEE FOR THE THIRD JUDICIAL DEPARTMENT, Petitioner; JUSTIN D. HERZOG, Respondent.

(Attorney Registration No. 3939162) Calendar Date: November 28, 2016
Before: McCarthy, J.P., Garry, Devine, Clark and Aarons, JJ.

Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for petitioner.

Justin D. Herzog, Plattsburgh, respondent pro se.

MEMORANDUM AND ORDER

Respondent was admitted to practice by this Court in 2001 and is a resident of Clinton County. Following respondent's plea of guilty to a "serious crime" (Judiciary Law § 90 [4] [d]), namely, two counts of forgery in the third degree, a class A misdemeanor (see Penal Law § 170.05), this Court disbarred respondent by order entered June 12, 2008 (52 AD3d 1019 [2008]). Respondent now applies for reinstatement. Petitioner does not oppose respondent's application. We referred the application to

a subcommittee of the Committee on Character and Fitness for a report (see Rules of App Div, 3d Dept [22 NYCRR] § 806.16 [a] [5]). Respondent appeared before the three-member subcommittee in October 2016, and the subcommittee subsequently issued a favorable report unanimously recommending that his application for reinstatement be granted.

Our examination of the papers submitted on the application indicates that respondent has made all proper disclosures and has complied with the provisions of the order of disbarment and with this Court's rules regarding the conduct of disbarred attorneys (see Rules of App Div, 3d Dept [22 NYCRR] former § 806.9; see also Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.15). Further, we are satisfied that respondent has complied with the requirements of the applicable rules regarding reinstatement (see Rules of App Div, 3d Dept [22 NYCRR] former § 806.12 [b]; see also Uniform Rules for Attorney Disciplinary Matters [22 NYCRR] § 1240.16), and that he possesses the character and general fitness to resume the practice of law in this state.

Accordingly, the application is granted and respondent is reinstated to the practice of law, effective immediately.

McCarthy, J.P., Garry, Devine, Clark and Aarons, JJ., concur.

ORDERED that respondent's application for reinstatement is granted; and it is further

ORDERED that respondent is reinstated as an attorney and counselor-at-law in the State of New York, effective immediately.