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In re Foglia

Supreme Court of New York, Second Department

January 29, 2014

In the Matter of Joseph Foglia, admitted as Joseph A. Foglia, a suspended attorney. Attorney Registration No. 1524636

RANDALL T. ENG, P.J., REINALDO E. RIVERA, PETER B. SKELOS, MARK C. DILLON, THOMAS A. DICKERSON, JJ.

ON MOTION FOR REINSTATEMENT

DECISION & ORDER

Motion by Joseph Foglia for reinstatement to the Bar as an attorney and counselor-at-law. Mr. Foglia was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 18, 1968, under the name Joseph A. Foglia. By decision and order on motion dated May 9, 2008, this Court suspended Mr. Foglia, pursuant to Judiciary Law § 90(4)(f), based on his plea of guilty in the United States District Court for the District of New Jersey, on November 27, 2007, to one count of tax evasion, in violation of 26 USC § 7201, and one count of making false statements, in violation of USC §§ 1001 and 1002. On September 26, 2008, Mr. Foglia was sentenced to a term of incarceration of 12 months and one day on each count, to be served concurrently, to be followed by two years of supervised release, and was directed to pay a special assessment in the sum of $200. By decision and order on application of this Court dated May 19, 2009, upon this Court's receipt of a certified copy of the Judgment of Conviction from the United States District Court for the District of New Jersey, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against Mr. Foglia based on his conviction of a serious crime. By decision and order on motion of this Court dated December 24, 2009, the Grievance Committee's motion to hold the previously authorized disciplinary proceeding in abeyance and to strike Mr. Foglia's name from the roll of attorneys based on his conviction of violating 18 USC § 1001, a federal felony, was denied. By opinion and order of this Court dated June 28, 2011, Mr. Foglia was suspended from the practice of law for a period of three years, with credit for the time he had been under the interim suspension (see Matter of Foglia, 87 A.D.3d 170). By decision and order on motion of this Court dated January 10, 2013, Mr. Foglia's motion 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.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Committee on Character and Fitness and the exhibits annexed thereto, it is

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

ORDERED that, effective immediately, Joseph A. Foglia is reinstated as an attorney and counselor-at-law and the Clerk of the Court is directed to restore the name of Joseph A. Foglia to the roll of attorneys and counselors-at-law.

ENG, P.J., RIVERA, SKELOS, DILLON and DICKERSON, JJ., concur.


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