Commendable Effort But No Admission

An anonymous applicant who had passed the New York Bar examination in 2012 was denied admission to practice by the New York Appellate Division for the Third Judicial Department.

The problem?

He was disbarred in 2006 by the New Jersey Supreme Court

Applicant passed the New York State bar exam in July 2012. After a hearing, this Court’s Committee on Character and Fitness issued a decision recommending disapproval of the application. Applicant now petitions for an order granting his application for admission to practice notwithstanding the Committee’s decision (see Rules of the App Div [22 NYCRR] § 805.1 [m]).

Applicant was disbarred in New Jersey in 2006 for knowingly misappropriating escrow and client trust funds. The Committee commended his efforts at rehabilitation but nevertheless concluded that he does not possess the character and general fitness requisite for an attorney and counselor-at-law (see Judiciary Law § 90 [1] [a]).

We conclude that the Committee acted in accordance with the relevant Court rule (see Rules of the App Div [22 NYCRR] § 805.1) and made a reasonable decision based on the record.

(Mike Frisch)