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IN THE MATTER OF ANONYMOUS FOR ADMISSION TO THE BAR OF THE STATE OF NEW YORK V Click to find out why . . .



Keywords & Phrases
CourtCode: AP, CourtName: NEW YORK COURT OF APPEALS, State: NEW YORK, UniqueCaseRef: NE>AP>I02_0019, Report, Appellate Division, Admission, Bar, Committee, Citrin, Applicant, Reinstatement, Matter, Recommending, Subcommittee, Opinion, Petitioner, Denying, Ny2d, Reverse, Character, Accordance, Confidentiality, Costs, Judge, York, Curiam, Appeals, Fitness, Doctor, Motion, Reasons, Principles , ContentID: 120251774

Case Documents
1   OPINION
[ see first page and extracted highlights below  ] ItemID: 125683
2 pages
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Total Documents: 1 document , 2 pages
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1 . OPINION

EXTRACTED KEY WORDS
APPELLATE DIVISION
ADMISSION
BAR
COMMITTEE
CITRIN
APPLICANT
COURT
REINSTATEMENT
MATTER
RECOMMENDING
SUBCOMMITTEE
OPINION
PETITIONER
DENYING
NY2D
REVERSE
CHARACTER
ACCORDANCE
CONFIDENTIALITY
COSTS
JUDGE
YORK
CURIAM
APPEALS
FITNESS
DOCTOR
MOTION
REASONS
PRINCIPLES


   2 No. 16
   In the Matter of Anonymous for Admission to the Bar of the State of
   New York,
   Appellant.
     _________________________________________________________________

   2002 NY Int. 19

   February 19, 2002

   This opinion is uncorrected and subject to revision before publication
   in the New York Reports.

   Jeremiah S. Gutman, for appellant.
   Respondent, precluded.
     _________________________________________________________________

   PER CURIAM:

   Petitioner appeals from an Appellate Division order denying his
   application for admission to the Bar. A member of the Committee on
   Character and Fitness interviewed petitioner and wrote a report
   recommending that a subcommittee of the full Committee hold a hearing
   on the application. A subcommittee held that hearing and, after
   writing a report recommending petitioner's admission to the Bar,
   referred the matter to the full Committee. The Committee then
   furnished the Appellate Division with the interviewer's original
   report as well as its own report and the subcommittee report. The
   court held the application in abeyance and appointed an independent
   doctor to examine petitioner. In her report, the doctor concluded that
   petitioner's ailment was under control and would not interfere with
   petitioner's ability to function as an attorney. The Appellate
   Division denied petitioner's application for admission. The court
   granted petitioner's motion to receive a transcript of the
   subcommittee hearing and the doctor's report, but denied the motion to
   receive copies of the Committee and subcommittee reports. We granted
   leave to appeal.

   In Matter of Citrin (94 2 459, 464 (2000)), this Court construed 22
   NYCRR 690.16 to require the Appellate Division, before denying a
   disbarred attorney's reinstatement application, to provide the
   applicant with a copy of the Committee's report so the applicant might
   "correct any errors in the report or * * * address the Committee's
   concerns about his reinstatement." The Committee report in Citrin
   recommended reinstatement, but the Appellate Division rejected that
   recommendation. While section 690.16 required disclosure only of a
SNIPPETS:
  • This opinion is uncorrected and subject to revision before publication in the New York
  • Petitioner appeals from an Appellate Division order denying his application for admission to
  • A member of the Committee on Character and Fitness interviewed petitioner and wrote a report
  • A subcommittee held that hearing and, after writing a report recommending petitioner's
  • The Committee then furnished the Appellate Division with the interviewer's original report as
  • the doctor concluded that petitioner's ailment was under control and would not interfere with
  • The court granted petitioner's motion to receive a transcript of the subcommittee hearing and
  • In Matter of Citrin ), this Court construed 22 NYCRR 690.16 to require the Appellate
  • The Committee report in Citrin recommended reinstatement, but the Appellate Division rejected
  • Although Citrin concerns reinstatement, its principles also apply in the case before us,
  • A Committee report may conclude with a recommendation for admission but "may be equivocal or
  • As we stated in Citrin, the Appellate Division need not give its reasons for denying an
  • Expressing no view on the merits of petitioner's application for admission to the Bar, we now
  • Balancing the Committee's need for confidentiality with petitioner's need for information
  • Accordingly, the order of the Appellate Division should be reversed, without costs, and the
  • Order reversed, without costs, and matter remitted to the Appellate Division, Second
  • Opinion Per Curiam.
  • Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt and Graffeo concur.
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