Matter of Matter of Attorneys in Violation of Judiciary Law ? 468-a (Dirocco)

2025 NY Slip Op 02983

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 15, 2025
• Docket: PM-116-25
• Status: Published

Opinion

Matter of Attorneys in Violation of Judiciary Law § 468-a (Dirocco) (2025 NY Slip Op 02983)

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

2025 NY Slip Op 02983

Decided on May 15, 2025

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:May 15, 2025

PM-116-25

[*1]In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Dominick Dirocco, Respondent. (Attorney Registration No. 3972445.)

Calendar Date:April 7, 2025
Before:Pritzker, J.P., Fisher, McShan, Powers and Mackey, 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.

Cullen & Dykman LLP, Washington, DC (Kenneth Maloney of counsel), for respondent.

Motion by respondent for an order reinstating him to the practice of law following his suspension by September 2024 order of this Court (Matter of Attorneys in Violation of Judiciary Law § 468-a, 230 AD3d 1498, 1505 [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 with exhibits sworn to February 4, 2025 and the April 2, 2025 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.

Pritzker, J.P., Fisher, McShan, Powers and Mackey, JJ., concur.