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The NY Court said: “His application demonstrates a course of action amounting to neglect of financial responsibilities with respect to the student loans he has accumulated since 1983,” the decision says. “His recalcitrance in dealing with the lenders has been and continues to be incompatible with a lawyer's duties and responsibilities as a member of the bar.”
State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: November 19, 2009 D-51-09
________________________________
In the Matter of ANONYMOUS,
an Applicant for Admission MEMORANDUM AND ORDER
to the Bar.
________________________________
Calendar Date: September 25, 2009
Before: Cardona, P.J., Spain, Malone Jr., Kavanagh and
McCarthy, JJ.
__________
Per Curiam.
By decision dated April 16, 2009, this Court denied
applicant's application for admission to the bar (Matter of
Anonymous, 61 AD3d 1214 [2009]). Applicant moved for an order
vacating the decision or, in the alternative, for reargument. By
decision dated July 6, 2009, this Court granted the motion to the
extent that applicant could submit, within 20 days, information
by affidavit or other documentary evidence in response to the
report of the members of the Court's Committee on Character and
Fitness who interviewed him and any other information in support
of his application. After several extensions, applicant filed a
93-page affidavit with numerous exhibits. In this affidavit,
applicant asserts procedural irregularities in the process
leading to this Court's decision denying him admission and argues
that he possesses the character and fitness to be admitted to the
bar.
We conclude that the procedures followed satisfied the
relevant statutes and this Court's rules regulating the process
of the Committee on Character and Fitness (see CPLR 9402, 9404;
22 NYCRR 805.1 [d], [e]) and provided applicant with due process
(see Willner v Committee on Character, 373 US 96 [1963]). We
further affirm our prior determination that applicant has not
presently established the character and general fitness requisite
for an attorney and counselor-at-law (Matter of Anonymous, 61
-2- D-51-09
AD3d 1214 [2009], supra). His application demonstrates a course
of action amounting to neglect of financial responsibilities with
respect to the student loans he has accumulated since 1983.
According to applicant, his Sallie Mae federal and private loans
alone now total approximately $480,000, including interest. His
recalcitrance in dealing with the lenders has been and continues
to be incompatible with a lawyer's duties and responsibilities as
a member of the bar (see e.g. Matter of Anonymous, 78 NY2d 227,
232 [1991]; see also ABA Code of Recommended Standards for Bar
Examiners, Standards 7, 12, 13).
We therefore deny applicant's motion to vacate and for
other relief. However, this determination is without prejudice
to a future application for reconsideration of our decision which
denied admission (see Matter of Anonymous, 61 AD3d 1214 [2009],
supra) upon applicant's submission of proof demonstrating a
relevant change in circumstances that would provide the Court
with a basis upon which to conclude that he possesses the
requisite character and fitness for admission to the bar.
Cardona, P.J., Spain, Malone Jr., Kavanagh and McCarthy,
JJ., concur.
ORDERED that the motion to vacate and for other relief is
denied.
ENTER:
Michael J. Novack
Clerk of the Court
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