Matter of Xu
Docket PM-79-26
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- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Other
- Disposition
- Granted
- Citation
- 2026 NY Slip Op 02499
- Docket
- PM-79-26
Motion for reinstatement to the practice of law following suspension by prior order of this Court
Summary
The Appellate Division, Third Department, granted Baidu Xu's motion to be reinstated to the practice of law after a prior suspension in September 2024. The court reviewed Xu's affidavit and the Committee's response and found by clear and convincing evidence that Xu complied with the suspension order and court rules, demonstrated the requisite character and fitness, and that reinstatement served the public interest. The court ordered immediate reinstatement under the Rules for Attorney Disciplinary Matters governing reinstatement after suspension.
Issues Decided
- Whether the suspended attorney complied with the suspension order and court rules governing reinstatement
- Whether the attorney demonstrated the requisite character and fitness to resume practice
- Whether reinstatement to the practice of law would be in the public interest
Court's Reasoning
The court applied the Rules for Attorney Disciplinary Matters (22 NYCRR § 1240.16) requiring clear and convincing evidence of compliance with suspension terms, adequate character and fitness, and public-interest considerations. Reviewing the attorney's sworn affidavit and the Committee's response, the court concluded Xu satisfied those criteria. Those findings supported immediate reinstatement.
Authorities Cited
- Rules for Attorney Disciplinary Matters22 NYCRR § 1240.16
- Rules of the Appellate Division, Third Department22 NYCRR § 806.16
- Matter of Attorneys in Violation of Judiciary Law § 468-a230 AD3d 1498 (3d Dept 2024)
Parties
- Petitioner
- Attorney Grievance Committee for the Third Judicial Department
- Respondent
- Baidu Xu
- Judge
- Clark, J.P.
- Judge
- Ceresia, J.
- Judge
- Fisher, J.
- Judge
- Powers, J.
- Judge
- Corcoran, J.
- Attorney
- Monica A. Duffy (for the Attorney Grievance Committee)
- Attorney
- Alison M. Coan (of counsel)
Key Dates
- Decision date
- 2026-04-23
- Calendar date
- 2026-04-13
- Affidavit sworn
- 2026-02-08
- Committee correspondence
- 2026-04-07
- Prior suspension order
- 2024-09-01
What You Should Do Next
- 1
Resume practice in compliance with rules
Respondent should ensure ongoing compliance with the Rules for Attorney Disciplinary Matters and any conditions of reinstatement, including registration and trust-account requirements.
- 2
Notify clients and authorities
Notify prior or prospective clients, the state bar registration office, and any relevant courts of reinstatement as required.
- 3
Consult counsel if considering appeal or review
If any party contemplates challenging the reinstatement, they should consult counsel immediately about potential appellate remedies and deadlines.
Frequently Asked Questions
- What did the court decide?
- The court granted Baidu Xu's motion and reinstated her to the practice of law effective immediately.
- Why was she reinstated?
- The court found by clear and convincing evidence that she complied with the suspension order and rules, displayed the required character and fitness, and that reinstatement was in the public interest.
- Who is affected by this decision?
- Baidu Xu and any clients or prospective clients she represents in New York are directly affected because she may resume practicing law.
- Can this reinstatement be appealed?
- The decision was issued by the Appellate Division; further appellate review would be uncommon and would require an appropriate higher-court filing within applicable time limits.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Matter of Xu - 2026 NY Slip Op 02499 Matter of Xu 2026 NY Slip Op 02499 April 23, 2026 Appellate Division, Third Department In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Baidu Xu, Respondent. (Attorney Registration No. 5679329) Decided and Entered:April 23, 2026 PM-79-26 Calendar Date: April 13, 2026 Before: Clark, J.P., Ceresia, Fisher, Powers And Corcoran, 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. Baidu Xu, Shanghai, China, respondent pro se. Motion by respondent for an order reinstating her to the practice of law following her suspension by September 2024 order of this Court ( Matter of Attorneys in Violation of Judiciary Law § 468-a , 230 AD3d 1498, 1521 [3d Dept 2024]; 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 sworn to February 8, 2026 and the April 7, 2026 responsive correspondence from the Attorney Grievance Committee for the Third Judicial Department, and having determined, by clear and convincing evidence, that (1) respondent has complied with the order of suspension and the rules of this Court, (2) respondent has the requisite character and fitness to practice law, and (3) 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. Clark, J.P., Ceresia, Fisher, Powers and Corcoran, JJ., concur.