?mpreme Glnurt nf the nf New lgurk Appellate iivernnh lB1rilirialEe;mrtment M100290 E/ct A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA PETER B. SKELOS ARIEL E. BELEN, JJ. 2003-09401 DECISION ORDER ON MOTION FOR REINSTATEMENT In the Matter of Claude Nelson Stuart, a suspended attomey. (Attorney Registration No. 223 8061) Motion by the respondent for reinstatement as an attorney and counselor-at-law. The respondent was admitted to the Bar at a term of the Appellate Division ofthe Supreme Court in the Second Judicial Department on January 18, 1989. By decision and order on application of this court dated April 26, 2004, the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts was authorized to institute and prosecute a disciplinary proceeding against the respondent, and the issues raised were referred to John P. Clarke, Esq., as Special Referee to hear and report. By opinion and order of this court dated September 26, 2005, the respondent was suspended from the practice of law for a period of three years based on the Special Referee's report which sustained one charge of professional misconduct (see Matter of Stuart, 22 131). By decision and order on motion of this court dated January ll, 2006, the respondent's motion, inter alia, for leave to renew and/or reargue the opinion and order dated September 26, 2005, or alternatively, for leave to appeal to the Court of Appeals from the opinion and order, was denied. Upon the papers filed in support ofthe motion and the papers filed in relation thereto, it is ORDERED that the motion is denied. We find that the respondent does not demonstrate the requisite fitness and character to practice law. RJVERQA, SKELOS and BELEN, JJ., concur. "'f`,fx 3f23/$20/3 ami .2 - gif 3 .--. James Edward Pelze lil - . _.ct I ilu-/1; and maxed Clerk ofthe Court bei. ui Luullull A 1.- March 23, 20106. if TEN MATTER OF STUART, CLAUDE NELSON i de Deputy Counsel A 6. "Li ff" 1 'i MARK F. DEWAN 1 1 DIANA J. SZOCHET MELISSA D. BRODER SUSAN KORENBERG Renaissance Plaza 335 Adams Street - Suite 2400 Brooklyn, New York 11201-3745 (718) 923-6300 March 30, 2010 CONFIDENTIAL Hon. James Edward Pelzer Clerk ofthe Court Appellate Division, Secon 45 Monroe Place Brooklyn, New York 1 1201 Department RE: Matter of Claude Nelson Stuart COLETTE M. LANDERS SHARON GURSEN ADES SUSAN B. MASTER MYRON C. MARTYNETZ DONNELLY GUR-ARIE THOMAS GRAHAM AMON Assistant Counsel p-E92 2003-09401 Dear Mr. Pelzer: Enclosed please find an Affidavit of Service by Mail ofa Decision Order on Motion for Reinstatement, dated March 23, 2010, upon Paul T. Gentile., Esq., Attorney for Respondent, in the above-referenced matter. Ve ly yours, Melissa D. Broder Assistant Counsel vd Enclosure 3 1 SUPREME COURT OF THE ATE VI APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT In the Matter of the Application of Claude Nelson Stuart, a suspended attorney, 1 AFFIDAVIT OF 1 SERVICE BY MAIL For Reinstatement as an Attorney and Counselor-at-Law in the State of New York. 1 2003-09401 (Attorney Registration No. 2238061) STATE OF NEW YORK ss.: COUNTY OF KINGS JANICE VAN DYK, being duly sworn, deposes and says: Deponent is not a party to the action, is over 18 years of age, and resides in Richmond County, New York. On Tuesday, March 30, 2010, deponent served a DECISION ORDER ON MOTION FOR REINSTATEMENT, dated March 23, 2010, with NOTICE OF ENTRY, dated March 30, 2010, by regular first class mail, upon: Paul T. Gentile, Esq., Attorney for Respondent in this action, located at 261 Madison Avenue, 25"' Floor, New York, New York 10016, by depositing a true copy of same in a post-paid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York. ANICE VAN Sworn to before me this 30"' day of March 2010 5 NOTARY MAUREEN F. ROALDSEN Notary Public State of New York NO. 24-4995472 'led Ki ua.ii in ounty Commission Expires April 27,