On February 2, 2023, the New York Supreme Court Appellate Division Third Judicial Department ruled on the petition for reinstatement from suspension filed by New Jersey attorney Nicholas Ostuni.

According to the Memorandum and Order on Motion, Ostuni was suspended from practice by a September 2009 order of the Court for conduct prejudicial to the administration of justice arising from noncompliance with the attorney registration obligations beginning in 1999. Ostuni sought reinstatement after curing his registration delinquency in July 2022. In an October 13, 2022, correspondence, the Attorney Grievance Committee objected to Ostuni’s reinstatement.

The filing states:

‘As respondent concedes, he has not provided proof of his successful completion of the Multistate Professional Responsibility Examination (hereinafter MPRE) within one year prior to the date of his application for reinstatement. In respondent’s supplemental affidavit, however, he requests a waiver as to this requirement, noting his completion of various continuing legal education (hereinafter CLE) credits and his exemption from CLE accreditation in this state as a nonpracticing New York attorney.’

The filing continues:

‘As to the merits of respondent’s application, “‘[a]n attorney seeking reinstatement from suspension must establish, by clear and convincing evidence, that he or she has complied with the order of suspension and this Court’s rules, that he or she has the requisite character and fitness to practice law, and that reinstatement would be in the public’s interest.’

The Court ruled that Ostuni’s request for the waiver of MPRE testing would be unnecessary because it found that Ostuni demonstrated good cause for the waiver, by his completion of various continuing legal education credits and his exemption from CLE accreditation in this state as he was a nonpracticing New York attorney, and lack of disciplinary history.

Accordingly, the Court, having found that Ostuni’s reinstatement to the practice of law would be in the public’s interest, ruled in favor of Ostuni.

The disposition reads:

“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 in the State of New York. effective immediately.”

As of today, Mr. Nicholas Ostoni is a Senior Assistant Prosecutor with the Bergen County Prosecutor’s Office located in Hackensack, New Jersey. He graduated from Brooklyn Law School. He has been admitted to the New York Bar, license no. 2807725, as well as to the New Jersey bar. His info can be found on New Jersey’s Assistant Prosecutor’s Association website.

A copy of the original filing can be found here.