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In re Lopes

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT


December 16, 2008

IN THE MATTER OF JOHN C. LOPES, A DISBARRED ATTORNEY. (ATTORNEY REGISTRATION NO. 1182898)

Motion by the respondent for reinstatement as an attorney and counselor-at-law. By decision and order on motion dated December 10, 1996, this Court granted the petitioner's motion to suspend the respondent from the practice of law based on his failure to cooperate with an investigation by the Grievance Committee for the Ninth Judicial District of a complaint of professional misconduct against him unless he provided the Grievance Committee for the Ninth Judicial District with previously requested documentation within 10 days. Additionally, the issues raised in the petition and the answer were referred to Honorable Lawrence N. Martin, Jr., as Special Referee to hear and report. By decision and order on application of this Court dated January 17, 1997, the Grievance Committee for the Ninth Judicial District was authorized to supplement the previously authorized disciplinary proceeding with two additional charges of professional misconduct. By decision and order on motion of this Court dated January 29, 1997, the respondent was immediately suspended from the practice of law for his failure to comply with the decision and order dated December 10, 1996. By decision and order on motion of this Court dated February 11, 1997, the respondent's interim suspension was vacated and the respondent was immediately reinstated to the practice of law. By decision and order on motion of this Court dated May 16, 1997, the Grievance Committee for the Ninth Judicial District was authorized to supplement the previously authorized disciplinary proceeding with an additional charge of professional misconduct. By opinion and order of this court dated June 22, 1998, the respondent was suspended from the practice of law for a period of three years, commencing July 22, 1998, based on 12 unrelated charges of professional misconduct. Subsequently, by opinion and order of this court dated August 16, 1999, this Court accepted the respondent's tendered resignation, the respondent was disbarred, and his name was stricken from the roll of attorneys and counselors-at-law. By decision and order on motion of this Court dated October 29, 2007, the respondent's application for reinstatement was held in abeyance and the matter was referred to the Committee on Character and Fitness to investigate and report on his current fitness to be an attorney, including but not limited to, his current employment status in view of his past financial difficulties. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 25, 1978.

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.

A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, ROBERT A. SPOLZINO and MARK C. DILLON, JJ.

ON MOTION

DECISION & ORDER

Upon the report of the Committee on Character and Fitness dated October 28, 2008, and the exhibits annexed thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that, effective immediately, the respondent John C. Lopes, is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of John C. Lopes to the roll of attorneys and counselors-at-law.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and DILLON, JJ., concur.

20081216

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