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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. MISSING
Regular Panel Decision

People v. Grasso

This dissenting opinion addresses an appeal from the denial of defendant Richard A. Grasso's CPLR 3211 (a) (7) motion to dismiss four causes of action brought by the Attorney General on behalf of the People of the State of New York. The Attorney General alleges that Grasso, as former Chairman and CEO of the New York Stock Exchange (NYSE), received unlawful and excessive compensation, violating Not-For-Profit Corporation Law (N-PCL) sections concerning reasonable compensation, board approval of salaries, and prohibitions against loans to officers. The dissent argues that the Attorney General has standing under broad parens patriae power to protect the state's economic interests and public confidence in the NYSE, given its vital role in the economy. It asserts that the complaint sufficiently states claims for constructive trust, money had and received, violation of N-PCL 715 (f) regarding salary approval, and violation of N-PCL 716 concerning illegal loans, and thus the motion to dismiss was correctly denied.

Executive CompensationNot-For-Profit Corporation LawCorporate GovernanceParens PatriaeAttorney General StandingMotion to DismissCPLR 3211(a)(7)Fiduciary DutyUnjust EnrichmentConstructive Trust
References
22
Case No. 2019 NY Slip Op 04813
Regular Panel Decision
Jun 13, 2019

Matter of Krouner

Respondent Leonard W. Krouner, disbarred in 2003 for felony convictions, sought reinstatement to the practice of law. The Attorney Grievance Committee for the Third Judicial Department opposed his motion. After a subcommittee on Character and Fitness recommended denial, the Court reviewed the application. The Court found that Krouner met the burden of demonstrating compliance with disbarment orders, possessed the requisite character and fitness, and that his reinstatement would serve the public interest. Citing character references, volunteer work, and successful mental health treatment, the Court granted his motion for reinstatement but imposed conditions, including continued mental health treatment and a prohibition on solo practice for five years.

Attorney ReinstatementProfessional MisconductDisbarmentCharacter and FitnessMental Health TreatmentPro Bono ServiceConditions of ReinstatementFelony ConvictionAttorney GrievanceLegal Ethics
References
10
Case No. Motions Nos. 5 and 7
Regular Panel Decision
Jul 27, 1978

Rachlin v. Lewis

This case consolidates two CPLR article 78 proceedings challenging the Insurance Department's regulations on attorneys' fees in no-fault automobile insurance disputes and the constitutionality of certain sections of the Insurance Law. The petitioners sought to rescind 11 NYCRR 65.16 and declare Insurance Law section 671 et seq. unconstitutional. The court ruled that sections 11 NYCRR 65.16 (c) (7) (ix), which prohibited attorneys from charging clients fees in excess of insurer-paid fees, and 11 NYCRR 65.16 (c) (7) (vii), concerning the regulation of disbursements, were invalid as they exceeded the scope of the enabling legislation. However, the court upheld the general fee schedule, finding a rational basis for its establishment by the Insurance Department.

Attorney's FeesNo-Fault InsuranceInsurance LawRegulatory ChallengeCPLR Article 78Administrative LawConstitutional LawDisbursementsArbitrationAutomobile Insurance
References
6
Case No. 2020 NY Slip Op 04524 [186 AD3d 23]
Regular Panel Decision
Aug 13, 2020

Matter of Doris

The Attorney Grievance Committee (AGC) initiated a disciplinary proceeding against attorney Lawrence A. Doris following client complaints of professional misconduct, including failure to file a personal injury case and lack of communication. Despite numerous attempts by the AGC through letters, emails, and a judicial subpoena, Mr. Doris failed to respond to the allegations or appear for a deposition. The AGC subsequently moved for his immediate suspension from the practice of law due to his willful noncompliance and failure to cooperate with their investigation. The Appellate Division, First Department, granted the AGC's motion, finding that Mr. Doris's conduct warranted immediate suspension. This decision underscores the importance of attorney cooperation in disciplinary matters and protection of the public interest.

Attorney disciplineProfessional misconductNoncooperation with investigationImmediate suspensionGrievance CommitteeClient complaintFailure to communicateJudicial subpoenaPublic interest threatAppellate Division
References
6
Case No. 2018 NY Slip Op 03468 [161 AD3d 132]
Regular Panel Decision
May 10, 2018

Matter of Machado

This case involves reciprocal discipline against attorney Esmeralda Machado. The Attorney Grievance Committee for the First Judicial Department sought to discipline Machado based on a New Jersey Supreme Court order permanently barring her from appearing pro hac vice due to unauthorized practice of law, dishonesty, and conduct prejudicial to the administration of justice. Machado had repeatedly failed to pay required fees, continued to practice in New Jersey despite her pro hac vice admission terminating, misused another attorney's letterhead, and made false statements in a divorce proceeding. The New York Appellate Division, First Department, granted the motion for reciprocal discipline, suspending Machado from the practice of law in New York for two years, effective June 11, 2018. The court found her misconduct in New Jersey would also constitute misconduct in New York.

Attorney MisconductUnauthorized Practice of LawReciprocal DisciplineProfessional EthicsSuspensionNew Jersey Disciplinary ProceedingsFalse StatementsFraudDishonestyAppellate Division First Department
References
10
Case No. 2024 NY Slip Op 00274 [223 AD3d 105]
Regular Panel Decision
Jan 23, 2024

Matter of Lilly

Respondent, an attorney, faced a disciplinary proceeding initiated by the Attorney Grievance Committee for falsely certifying compliance with continuing legal education (CLE) requirements in two attorney registration renewals. The misconduct occurred on September 6, 2019, and October 22, 2021. Despite initially making false certifications, he subsequently completed the required CLEs retroactively. Both parties jointly moved for discipline by consent, stipulating to aggravating factors such as repeated false certifications while under investigation and self-interest, alongside mitigating factors like remorse, full cooperation, absence of client misconduct, a long untarnished career, and pro bono work. The court granted the joint motion, imposing a two-month suspension from the practice of law, effective February 22, 2024, citing relevant precedents for similar sanctions.

Attorney MisconductCLE RequirementsFalse CertificationAttorney RegistrationProfessional Conduct RulesDisciplinary ProceedingTwo-Month SuspensionMitigationAggravating FactorsAppellate Division
References
2
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