ALBANY – A disbarred attorney should not be denied reinstatement based on a conviction that was set aside after he had served two years in prison, his lawyer argued Monday before the Appellate Division, Third Department.

While felony harassment charges against ex-attorney James Hennessey Jr. were vacated after the statute was ruled illegal in 2014, Hennessey’s attorney, Gary Greenwald, said the Third Department’s grievance committee continues to use the vacated—and sealed—case illegally in his client’s disciplinary matter.

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