Matter of Attorneys in Violation of Judiciary Law § 468-a (Wakatsuki), 2024 NY Slip Op 00119 [223 AD3d 1049]

January 11, 2024

Appellate Division, Third Department

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In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Emi Wakatsuki, Respondent. (Attorney Registration No. 4643672.)

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.

Emi Wakatsuki, San Francisco, California, respondent pro se.

Motion by respondent for an order reinstating her to the practice of law following her suspension by October 2021 order of this Court ( Matter of Attorneys in Violation of Judiciary Law § 468-a , 198 AD3d 1068 , 1087 [3d Dept 2021]; 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 November 22, 2023, supplemental filing with exhibits sworn to December 11, 2023 and the December 19, 2023 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.

Garry, P.J., Aarons, Reynolds Fitzgerald, Fisher and Mackey, JJ., concur..