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

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 06, 1988

Gelin v. Perales

This case concerns an appeal by the Nassau County Commissioner of Social Services from a Supreme Court judgment in a CPLR article 78 proceeding. The proceeding was initiated by Octoleme Gelin to compel compliance with determinations from the New York State Commissioner of Social Services, which had reversed denials of public assistance applications. The Supreme Court directed the local Commissioner to redetermine Gelin's financial eligibility and awarded attorney's fees. On appeal, the court found the local agency's contention of compliance meritless regarding eligibility determination. However, the appellate court ruled that the award of attorney's fees under 42 USC § 1988 was erroneous because the petitioner's federal claim, based on 45 CFR 205.10 (a) (16), was found to be insubstantial and failed the Gibbs test.

Public AssistanceAttorney's FeesCPLR Article 78Fair HearingSocial Services LawEligibility for BenefitsJudicial ReviewAppellate DivisionFederal Constitutional ClaimState Constitutional Claim
References
3
Case No. 2020 NY Slip Op 03294 [184 AD3d 223]
Regular Panel Decision
Jun 11, 2020

Matter of Mauser

Marc R. Mauser, an attorney, was publicly censured by the Appellate Division, First Department, for professional misconduct. The Attorney Grievance Committee initiated disciplinary action against him for neglecting a client's personal injury case, failing to communicate for approximately 18 months, and making misrepresentations to the client, mediator, and the Committee regarding the case status and reasons for delays. Mauser also failed to diligently finalize a settlement and disburse funds promptly. The parties reached a joint agreement for discipline by consent, stipulating to violations of several Rules of Professional Conduct, including neglect of a legal matter, failure to promptly comply with client requests for information, failure to act with reasonable diligence, inadequate supervision of staff, and engaging in dishonest conduct. Despite aggravating factors, mitigating factors such as no prior discipline and acceptance of responsibility led to the agreed-upon sanction of public censure, which the Court granted.

Attorney disciplineprofessional misconductneglect of dutyfailure to communicatemisrepresentationpublic censureRules of Professional Conductsettlement delayclient communicationsupervisory failures
References
3
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. MISSING
Regular Panel Decision

In re of the Arbitration between Town of Evans & International Brotherhood of Electrical Workers

Petitioner appealed an order from the Supreme Court, Erie County, which denied its petition to stay arbitration, granted respondent's counterclaim to compel arbitration, and denied both parties' requests for attorney's fees and sanctions. The petitioner had terminated an accountant, Elmar Kiefer, for alleged sexual abuse and misuse of resources. Respondent filed a grievance on Kiefer's behalf, leading to a demand for arbitration under their collective bargaining agreement. Petitioner sought to stay arbitration, arguing it was against public policy as an arbitrator might reinstate Kiefer. The court affirmed the lower court's decision, stating that the public policy argument was premature and that courts should not pre-emptively assume an arbitrator will exceed their powers or violate public policy. The court also denied attorney's fees and sanctions for both parties.

ArbitrationPublic PolicyCollective Bargaining AgreementSexual HarassmentMisconductAttorney's FeesSanctionsAppellate ReviewGrievanceEmployment Termination
References
5
Case No. 2022 NY Slip Op 03790
Regular Panel Decision
Jun 09, 2022

Matter of Hamling

Jerry Ray Hamling, an attorney admitted in New York in 2015, pleaded guilty in June 2020 to falsifying business records in the second degree, a class A misdemeanor. This conviction stemmed from his actions directing his payroll processing company, Affinity Human Resources, LLC, to treat one of a construction client's companies as separate, leading to knowing omissions in payroll records. The Attorney Grievance Committee for the Third Judicial Department moved to impose discipline, citing the conviction as a "serious crime." The Court concurred, finding the conviction, which included intent to defraud, qualified as a serious crime under Judiciary Law § 90 (4) (d). Weighing mitigating factors like a clean disciplinary record against aggravating factors such as illegal conduct despite substantial legal experience, the Court ordered a one-year suspension from the practice of law to safeguard the public and uphold professional integrity.

Attorney MisconductFalsifying Business RecordsSerious CrimeProfessional DisciplineSuspension of AttorneyPayroll FraudIntent to DefraudAppellate DivisionJudiciary Law 90Disciplinary Proceedings
References
5
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. 2020 NY Slip Op 07712
Regular Panel Decision
Dec 22, 2020

Matter of Schlossberg

Aaron M. Schlossberg, an attorney, was publicly censured by the Appellate Division, First Department, for professional misconduct. The charges stemmed from a May 2018 incident in a Manhattan delicatessen where Schlossberg verbally confronted staff and a patron for speaking Spanish, making offensive remarks and threatening to call Immigration and Customs Enforcement (ICE). He admitted to violating Rules of Professional Conduct rule 8.4 (h) by engaging in conduct that adversely reflects on his fitness as a lawyer. The parties jointly moved for discipline by consent, agreeing to a public censure, which the court imposed. The court also granted Schlossberg's cross-motion to seal audio-visual recordings of the incident due to documented threats against him.

Attorney MisconductPublic CensureVerbal TiradeImmigration ThreatsProfessional EthicsRules of Professional ConductDiscipline by ConsentAppellate DivisionFirst DepartmentSealing Order
References
6
Case No. 2024 NY Slip Op 03561 [230 AD3d 101]
Regular Panel Decision
Jul 02, 2024

Matter of Giuliani

Rudolph W. Giuliani, a suspended attorney, was disbarred by the Appellate Division, First Department, for making numerous false and misleading statements related to the 2020 presidential election. The Attorney Grievance Committee brought 20 charges, with 16 sustained by a Referee. Giuliani's misconduct included knowingly spreading falsehoods about voter fraud, lying under oath to various state legislators and the AGC, and displaying disruptive behavior during the hearing. The court affirmed the Referee's recommendation, citing the severe nature of his actions and lack of contrition, which caused immeasurable damage to public trust in the electoral system and the legal profession.

Attorney MisconductDisbarmentProfessional EthicsVoter Fraud Allegations2020 Presidential ElectionPerjuryFalse StatementsAttorney DisciplineFirst Amendment DefenseDue Process Rights
References
9
Case No. C-4199
Regular Panel Decision

Board of Education of the Union-Endicott Central School District v. New York State Public Employment Relations Board

The Board of Education of Union-Endicott Central School District initiated a CPLR article 78 proceeding to annul a Public Employment Relations Board (PERB) determination that certified the Endicott Teachers' Association as the exclusive negotiating agent for former members of OTASN. The School Board argued that permitting a non-attorney to represent the Teachers' Association violated Judiciary Law §§ 478 and 484, and that PERB's director improperly made the decision instead of the Administrative Law Judge who presided over the hearing. The court agreed with the School Board on both points, finding PERB's rule allowing lay representation to contravene state law and the director's decision arbitrary and capricious. Consequently, the court annulled PERB's determination and remanded the matter for a new hearing. Additionally, a motion to dismiss by Kathleen Osiecki, president of OTASN, was granted as OTASN was not formally a party to the proceeding.

labour relationspublic employmentcollective bargainingjudicial reviewPERBnon-attorney representationdue processadministrative law judgeunion certificationarbitrary and capricious
References
6
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