Joseph P. Napoli, who was convicted in 1991 on federal racketeering charges brought against the Morris J. Eisen law firm, cleared an important hurdle on his third try to win reinstatement to the bar on Tuesday. Unlike his prior two applications for reinstatement, which were denied outright, a unanimous panel of the Appellate Division, First Department referred his application for a hearing before the Departmental Disciplinary Committee.

Deborah A. Scalise, a former deputy counsel of the First Department disciplinary committee, said the referral is “an encouraging sign” for Mr. Napoli, but “not dispositive.” Ms. Scalise, of Scalise & Hamilton in White Plains, who is not involved in Mr. Napoli’s case, said that in her experience reinstatement is granted in about 40 percent of the applications referred to a hearing.

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