Matter of Attorneys in Violation of Judiciary Law § 468-a. (Balden)

Matter of Attorneys in Violation of Judiciary Law § 468-a. (Balden) 2026 NY Slip Op 05839 October 8, 2026 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Benjamin Scott Balden, Respondent. Decided and Entered:October 8, 2026 PM-221-26 Calendar Date: September 21, 2026 Before: Clark, J.P., Fisher, Mcshan, Powers And Ryba, JJ., Concur. 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. Benjamin Scott Balden, New South Wales, Australia, respondent pro se. [*1] Motion by respondent for an order reinstating him to the practice of law following his suspension by October 2021 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 198 AD3d 1068, 1071 [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 sworn to July 30, 2026, the September 14, 2026 responsive correspondence from the Attorney Grievance Committee for the Third Judicial Department and respondent's supplemental submission of September 21, 2026, we have 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]). Notwithstanding their satisfaction of the substantive requirements for reinstatement, we direct respondent to (1) file an amended biennial registration statement for the 2022-2023 biennial period that is in full compliance with the Rules of the Chief Administrator of the Courts (22 NYCRR) § 118.1 (g); and (2) provide proof of his compliance with this condition to both this Court and the Attorney Grievance Committee for the Third Judicial Department within 60 days of this Court's order. Accordingly, 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, subject to the conditions set forth in this decision. Clark, J.P., Fisher, McShan, Powers and Ryba, JJ., concur.