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In the Matter of Attorneys in Violation of Judiciary Law 468-a. v. Michael Andrew Fusco

In the Matter of Attorneys in Violation of Judiciary Law § 468-a. v. Michael Andrew Fusco

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Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Alison M. Coan of counsel), for Attorney Grievance Committee for the Third Judicial Department. Michael Andrew Fusco, Durham, Connecticut, respondent pro se. Motion by respondent for an order reinstating him to the practice of law following his suspension by May 2019 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 172 AD3d 1706, 1723 [3d Dept 2019]; see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16; Rules of App Div, 3d Dept [22 NYCRR] § 806.16). Upon reading respondent’s notice of motion and affidavit with exhibits filed on January 22, 2024, respondent’s supplemental affidavit with exhibits sworn to February 23, 2024 and the February 21, 2024 responsive correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has satisfied the requirements of Rules of the Appellate Division, Third Department (22 NYCRR) § 806.16 (c) (5); (2) respondent has complied with the order of suspension and the rules of this Court, (3) respondent has the requisite character and fitness to practice law, and (4) it would be in the public interest to reinstate respondent to the practice of law (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.16 [a]), it is ORDERED that respondent’s motion for reinstatement is granted; and it is further ORDERED that respondent is reinstated as an attorney and counselor-at-law, effective immediately. Egan Jr., J.P., Aarons, Ceresia, McShan and Mackey, JJ., concur.

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