Court Filings

The Appellate Division, Third Department granted Jeremy David Mishkin's request to resign from the New York bar for nondisciplinary reasons. The court reviewed Mishkin's sworn affidavit and the Attorney Grievance Committee's letter, found him eligible under the rules governing attorney disciplinary matters, and accepted his resignation. The court struck his name from the roll of attorneys, prohibited him from practicing or holding himself out as an attorney in New York, and ordered him to surrender any Attorney Secure Pass within 30 days. The resignation is effective immediately.

The Appellate Division, Third Department granted Jennifer T. Conti-Bediner's application to resign from the New York bar for nondisciplinary reasons. The court reviewed her sworn affidavit and the Attorney Grievance Committee's statement that it did not oppose the resignation, determined she was eligible under the court rules, accepted her resignation, and struck her name from the roll of attorneys effective immediately. The court also enjoined her from practicing or holding herself out as an attorney in New York and ordered surrender of any Attorney Secure Pass within 30 days.

The Appellate Division, First Department granted the Attorney Grievance Committee's motion for an immediate interim suspension of attorney William John Lloyd King. The court found uncontroverted documentary evidence — bank records and King's written admission — that he converted or misappropriated $17,420 in a client's funds to satisfy a gambling addiction. The court rejected King's request for diversion or a disability suspension, concluding his misconduct posed an immediate threat to the public and that addiction-based mitigation, restitution, or brief recovery efforts do not prevent an interim suspension pending any formal charges.

The Appellate Division affirmed Surrogate's Court's order dismissing petitioner Barrett Hess's petition to probate the will of Janet Hess. The court reviewed the surrogate's dismissal of the probate petition following respondents' motion to dismiss and agreed with the surrogate's reasoning. The appellate court concluded there was no reversible error in the surrogate's disposition and therefore upheld dismissal, awarding costs to respondents.

The Appellate Division, Fourth Department accepted Attorney Franklin William Heller's application to resign for non-disciplinary reasons and ordered his name removed from the roll of attorneys. The court treated the submission as a voluntary resignation not prompted by disciplinary charges and granted the request, ending his authority to practice law in New York. There is no indication of misconduct findings or ongoing disciplinary proceedings in this decision; the court's action was procedural and limited to removing Heller's name from the attorney list.

The Appellate Division confirmed a referee's findings that attorney Diana G. Cunningham neglected two client matters, failed to communicate with clients and a court referee, and did not timely comply with attorney registration rules. The court found multiple violations of the Rules of Professional Conduct and registration statutes. Because Cunningham has a substantial disciplinary history with similar prior misconduct, the Court suspended her for three years and until further order, but it stayed the suspension on conditions including compliance with registration rules, participation in mental health monitoring and an attorney mentoring program, quarterly reporting, and limits on active cases.

The Appellate Division, Third Department affirmed the Unemployment Insurance Appeal Board's decision disqualifying Peirce Screen from receiving unemployment benefits because his employment was terminated for misconduct. The appeal was brought by Screen (pro se) against his former employer A & K Automotive and the Commissioner of Labor. The court issued a short order affirming the Board's ruling without opinion or costs, leaving the Board's finding of misconduct and resulting disqualification in place.

The Appellate Division affirmed a Supreme Court order that authorized involuntary administration of psychotropic medication to Thomas B., an involuntarily committed patient who denied having a mental illness. The court reviewed a petition brought by the State and held that the petitioner proved by clear and convincing evidence that Thomas B. lacked the capacity to make a reasoned decision about treatment and that the proposed medication was narrowly tailored to protect his liberty interest. The court deferred to the hearing court’s factual findings, including the treating psychiatrist’s testimony diagnosing schizophrenia and schizoaffective disorder with violent symptoms.

The Appellate Division, First Department affirmed the Surrogate's Court order denying objectant Michael Marino’s motion for summary judgment challenging executor Janet Marino Gerlach’s accountings for two accounting periods. The court held objectants failed to prove, as a matter of law, that Gerlach’s decisions caused financial loss, that she overpaid herself fees, or that she failed to withhold estate tax to certain beneficiaries. The court found triable issues of fact based on Gerlach’s investment strategy, will provisions granting broad discretion, competing expert opinions on fees, and an attorney affidavit about tax withholding, so summary judgment was inappropriate.

The Appellate Division, Third Department granted the Attorney Grievance Committee’s motion to immediately suspend Adebukola Ogunsanya from practicing law in New York while it investigates multiple misconduct complaints. The court found she failed to respond to some complaints, did not appear for an examination under oath, and did not produce requested records. Because refusal to comply with investigative demands threatens the public interest and the disciplinary process, the court concluded interim suspension was warranted until further order, with warnings about possible disbarment if she continues not to cooperate.

The Appellate Division, Third Department affirmed Supreme Court's dismissal of Juan Carlos Ocasio's CPLR article 78 petition challenging his honorable discharge from the New York Guard and related FOIL claims. The court held that the challenge to discharge implicated military order and discipline and was therefore nonjusticiable under the intra-military immunity doctrine. The court also found the FOIL claims moot because DMNA had responded to the requests and Ocasio failed to exhaust administrative appeals regarding any alleged inadequacy. The court denied sanctions against the respondent for lack of support in the record.

The Appellate Division, Third Department granted attorney Hideaki Kubo's application to resign from the New York bar for nondisciplinary reasons. The court reviewed Kubo's sworn affidavit and the Attorney Grievance Committee's response, found Kubo eligible to resign under the court's disciplinary rules, accepted the resignation, struck Kubo's name from the roll of attorneys, and ordered Kubo to cease practicing law in New York and to surrender any Attorney Secure Pass within 30 days. The resignation was accepted with immediate effect and without a disciplinary finding.