In re Galluscio

42 A.D.3d 264, 841 N.Y.S.2d 102
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 12, 2007
StatusPublished
Cited by1 cases

This text of 42 A.D.3d 264 (In re Galluscio) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Galluscio, 42 A.D.3d 264, 841 N.Y.S.2d 102 (N.Y. Ct. App. 2007).

Opinion

OPINION OF THE COURT

Per Curiam.

The Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) served the respondent with a petition dated January 12, 2006, containing nine charges of professional misconduct. After a preliminary conference on July 20, 2006, and a hearing on September 12, 2006, the Special Referee sustained all nine charges. The Grievance Committee now moves to confirm the Special Referee’s report and to impose such discipline as the Court deems just and proper. The respondent’s counsel has submitted an affirmation requesting that the Court, in determining any discipline to impose, consider the factors offered in mitigation.

Charge one alleges that the respondent neglected a legal matter entrusted to him by Patricia McKenna, in violation of Code of Professional Responsibility DR 6-101 (a) (3) (22 NYCRR 1200.30 [a] [3]).

In or about July 2001 the respondent was retained to represent the interests of Patricia McKenna in a matrimonial matter for a $2,500 fee. In or about October 2001 he had the husband execute a defendant’s affidavit in furtherance of the divorce. In or about November 2001 the respondent apprised his client that the divorce papers had been filed. The respondent failed to return his client’s repeated telephone inquiries between February and May 2002.

[266]*266In May 2002, the respondent apprised his client that the court had lost the paperwork. The client executed new papers in May 2002. The respondent failed to return his client’s repeated telephone inquiries between August and September 2002. He also failed to respond to her two written inquiries dated June 17, 2003, and July 12, 2003, respectively, regarding her divorce.

Charge two alleges that the respondent engaged in conduct prejudicial to the administration of justice and adversely reflecting on his fitness to practice law by failing to communicate with his client, Patricia McKenna, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]), by virtue of the allegations set forth in charge one.

Charge three alleges that the respondent engaged in conduct prejudicial to the administration of justice and adversely reflecting on his fitness to practice law by failing to change his office address with the Office of Court Administration (hereinafter OCA) and failing to cooperate with the Queens County fee disputes committee, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]).

The respondent’s client, Patricia McKenna, elected to pursue fee arbitration against the respondent based upon his neglect of her matrimonial matter. The respondent failed to respond to letters sent by the Administrative Judge’s office in Queens County regarding the fee arbitration. It was determined that the respondent was not at the office address he had listed with OCA.

The respondent failed to respond to a letter from the Grievance Committee dated April 27, 2005, forwarded to him at both his home and office addresses, via certified mail, advising him to contact the Administrative Judge’s office in Queens County with respect to the fee arbitration and to confirm such contact in writing. The client was unable to resolve her fee dispute.

Charge four alleges that the respondent engaged in conduct that is prejudicial to the administration of justice and which has adversely reflected on his fitness to practice law by failing to timely cooperate with the Grievance Committee’s investigation, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]).

By letter dated August 25, 2003, the Grievance Committee sent the respondent a copy of the McKenna complaint and directed him to submit a response within 15 days. The respon[267]*267dent failed to reply. The respondent also failed to respond to letters dated September 10, 2003, and October 6, 2003, advising him that his response was due, notwithstanding notification from the Grievance Committee that his failure to cooperate could subject him to discipline independent of the merits of the complaint.

On or about October 31, 2003, the Grievance Committee served the respondent with a court-ordered subpoena and a subpoena duces tecum requiring his appearance at its offices on November 18, 2003, along with the complete legal file in the McKenna v Lynch matter. The respondent appeared on November 18, 2003, without his legal file. The Grievance Committee directed him to re-appear on November 24, 2003, with his file. The respondent appeared on November 24, 2003, but requested an adjournment in order to obtain counsel.

By letter dated January 21, 2004, John Ryan, Esq., advised the Grievance Committee that he would not be representing the respondent unless the respondent contacted him within five days.

By letter dated February 9, 2004, the respondent was directed to appear for an examination under oath on February 19, 2004, and to provide the complete legal files on three matters. The respondent appeared on February 19th but failed to produce two of the requested files. The Grievance Committee directed the respondent to provide written answers and the complete files within 10 days.

On February 26, 2004, the respondent submitted answers to all three complaints but failed to provide the legal files. By letter dated March 10, 2004, the Grievance Committee notified the respondent that he was required to submit the legal files within five days. The respondent submitted the files with a cover letter dated March 25, 2004.

Charge five alleges that the respondent neglected a legal matter entrusted to him by Gina Marie DaRocha (also known as Gina Currid), in violation of Code of Professional Responsibility DR 6-101 (a) (3) (22 NYCRR 1200.30 [a] [3]).

The respondent was retained in or about August 2002 to represent the interests of Ms. DaRocha in a matrimonial matter for which he had been paid a $2,500 retainer. The respondent advised the client that the divorce papers, signed in or about February 2003, were filed with the court. He failed to contact her from February 2003 through April 2003.

[268]*268Ms. DaRocha was advised by the court in May 2003 that the papers were filed with an incorrect index number and were lost. The respondent had her sign new papers on or about May 14, 2003, and advised that they were re-submitted to the court. The respondent repeatedly advised Ms. DaRocha between May 2003 and July 2003 that he had been contacting the court regarding the status of her divorce.

In or about August 2003, the client contacted the respondent and advised him that nothing was being done at court due to his failure to purchase a request for judicial intervention. The request was not purchased until August 2003. The respondent and his client drafted a new set of papers to replace the lost ones.

In or about September 2003, the client prepared her own submissions for divorce and filed them with the court.

Charge six alleges that the respondent engaged in conduct that is prejudicial to the administration of justice and which adversely reflects on his fitness to practice law regarding the legal matter entrusted to him by his client, Gina Marie DaRocha, in violation of Code of Professional Responsibility DR 1-102 (a) (5) and (7) (22 NYCRR 1200.3 [a] [5], [7]), based on the allegations set forth in charge five.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Roberts
2018 NY Slip Op 5931 (Appellate Division of the Supreme Court of New York, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
42 A.D.3d 264, 841 N.Y.S.2d 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-galluscio-nyappdiv-2007.