In re Sullivan, 43 A.D.3d 1270 (N.Y. App. Div. 2007). · Go Syfert
In re Sullivan, 43 A.D.3d 1270 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Laurenzo (nyappdiv, 2024-10-03)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Laurenzo
N.Y. App. Div. · 2024 · confidence medium
Matter of Cresci , 175 AD3d 1670 , 1672 [3d Dept 2019]; Matter of Sullivan , 43 AD3d 1270, 1270-1271 [3d Dept 2007]; Matter of Auriemma , 241 AD2d 567, 568 [3d Dept 1997]).
discussed Cited as authority (rule) Matter of Friedman
N.Y. App. Div. · 2018 · confidence medium
Here, respondent's misconduct jeopardizes that trust and, accordingly, it warrants [*2]a significant sanction ( see Matter of Castillo , 157 AD3d at 1158; Matter of Beatty , 131 AD3d at 764; Matter of Kelleher , 95 AD3d at 1650; Matter of Sullivan , 43 AD3d 1270, 1270-1271 [2007]; see also ABA Standards for Imposing Lawyer Sanctions § 4.11).
discussed Cited as authority (rule) In re Karnazes
N.Y. App. Div. · 2015 · confidence medium
We grant the Committee’s motion and further conclude that, under the circumstances presented and in the interest of justice, respondent should be disbarred in this state (see Matter of Escalante, 127 AD3d 37, 44 [1st Dept 2015]; Matter of Plimpton, 120 AD3d 1486 , 1487 [2014]; Matter of Kelleher, 95 AD3d 1649 [2012]; Matter of Breen, 76 AD3d 770 , 770-771 [2010]; Matter of Oswald, 46 AD3d 1327, 1328 [2007]; Matter of Sullivan, 43 AD3d 1270, 1270-1271 [2007]; Matter of Kahn, 37 AD3d 949, 950 [2007]).
discussed Cited as authority (rule) In re Karnazes
N.Y. App. Div. · 2015 · confidence medium
We grant the Committee’s motion and further conclude that, under the circumstances presented and in the interest of justice, respondent should be disbarred in this state (see Matter of Escalante, 127 AD3d 37, 44 [1st Dept 2015]; Matter of Plimpton, 120 AD3d 1486 , 1487 [2014]; Matter of Kelleher, 95 AD3d 1649 [2012]; Matter of Breen, 76 AD3d 770 , 770-771 [2010]; Matter of Oswald, 46 AD3d 1327, 1328 [2007]; Matter of Sullivan, 43 AD3d 1270, 1270-1271 [2007]; Matter of Kahn, 37 AD3d 949, 950 [2007]).
Retrieving the full opinion text from the archive…
In the Matter of Joseph O. Sullivan, an Attorney, Committee on Professional Standards
Appellate Division of the Supreme Court of the State of New York.
Sep 6, 2007.
43 A.D.3d 1270
Cited by 6 opinions  |  Published
Per Curiam.

Respondent was admitted to practice by this Court in 1990. He maintains an office for the practice of law in the Town of Warwick, Orange County.

Respondent was admitted to the New Jersey bar in 1983 and maintained a law office in that state. By order dated July 3, 2007, the Supreme Court of New Jersey disbarred respondent for knowingly misappropriating client funds and engaging in dishonest conduct. Petitioner now moves for an order pursuant to this Court’s rules (see 22 NYCRR 806.19) imposing reciprocal discipline.

Respondent argues that there was an infirmity of proof to sustain the finding of knowing misappropriation in New Jersey and that a reciprocal disbarment by this Court would be unduly harsh given the mitigating circumstances that he sets forth in his affirmation in opposition to petitioner’s motion.

Upon our review of the record, we conclude that the proof of knowing misappropriation in the New Jersey proceeding was sufficient for this Court to accept as final the finding of misconduct in that state (see 22 NYCRR 806.19 [d] [2]). We also note that this Court has previously meted out the penalty of[*1271] disbarment for knowing misappropriation of client funds for personal purposes even when sympathetic mitigating circumstances may exist (see e.g. Matter of Kahn, 37 AD3d 949 [2007]; Matter of Van De Loo, 240 AD2d 940 [1997], lv denied 90 NY2d 811 [1997]).

We grant petitioner’s motion and further conclude that, in the interest of justice and with due consideration to the disciplinary judgment of the Supreme Court of New Jersey, respondent should be reciprocally disbarred.

Cardona, P.J., Spain, Carpinello, Mugglin and Rose, JJ., concur. Ordered that petitioner’s motion is granted; and it is further ordered that respondent is reciprocally disbarred, and his name is stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately; and it is further ordered that respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further ordered that respondent shall comply with the provisions of this Court’s rules regulating the conduct of disbarred attorneys (see 22 NYCRR 806.9).