Matter of Castillo , 42 N.Y.S.3d 478 ( 2016 )


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  •                           State of New York
    Supreme Court, Appellate Division
    Third Judicial Department
    Decided and Entered: December 1, 2016                   D-67-16
    ___________________________________
    In the Matter of GASPAR M.
    CASTILLO, a Suspended Attorney.
    ATTORNEY GRIEVANCE COMMITTEE
    FOR THE THIRD JUDICIAL
    DEPARTMENT,
    Petitioner;             MEMORANDUM AND ORDER
    GASPAR M. CASTILLO,
    Respondent.
    (Attorney 
    Registration No. 1701606
    )
    ___________________________________
    Calendar Date:   November 14, 2016
    Before:   McCarthy, J.P., Garry, Rose, Clark and Mulvey, JJ.
    __________
    Monica A. Duffy, Attorney Grievance Committee for the Third
    Judicial Department, Albany (Alison M. Coan of counsel), for
    petitioner.
    Dennis B. Schlenker, Albany, for respondent.
    __________
    Per Curiam.
    Respondent was admitted to practice by this Court in 1981
    and maintained an office for the practice of law in the City of
    Albany. By memorandum and order dated June 9, 2016, this Court
    found respondent guilty of professional misconduct immediately
    threatening the public interest and suspended him from the
    practice of law pending consideration of disciplinary charges
    against him pursuant to Rules of the Appellate Division, Third
    Department (22 NYCRR) former § 806.4 (f) (140 AD3d 1392 [2016];
    -2-                D-67-16
    see Uniform Rules for Attorney Disciplinary Matters [22 NYCRR]
    § 1240.9 [eff. Oct. 1, 2016]).1 This finding was based upon
    respondent's failure to properly maintain client funds and an
    escrow account, his commingling of personal funds in his attorney
    trust account, his failure to, upon request, promptly pay or
    deliver certain funds to his client that he or she was entitled
    to receive, his failure to maintain required bookkeeping records
    and engaging in conduct prejudicial to the administration of
    justice (140 AD3d at 1393).
    Upon respondent's demand for a prompt postsuspension
    hearing, petitioner thereafter filed a petition of charges, dated
    July 20, 2016, charging respondent with 11 charges of
    professional misconduct. Respondent answered and the parties
    subsequently agreed that no factual issues were raised by the
    pleadings. Accordingly, we find respondent guilty of
    professional misconduct as charged in the petition.
    In mitigation, respondent accepts responsibility and
    expresses his sincere remorse for his professional misconduct.
    Respondent also cites certain mental health issues that he was
    suffering from during the relevant time period for which he is
    presently seeking treatment. We credit the numerous letters from
    clients, clergy and fellow attorneys lauding his good character
    and reputation as an attorney. Respondent has also returned the
    client funds that he admitted to misappropriating. In
    aggravation, respondent has admittedly engaged in serious
    professional misconduct and has a history of prior discipline
    with regard to the improper use of his escrow account and
    neglecting client matters. Now, having heard respondent's
    arguments in mitigation and petitioner's arguments in
    aggravation, we conclude that, under the circumstances presented,
    in order to protect the public, maintain the honor and integrity
    of the profession and deter others from committing similar
    misconduct, respondent's grave misconduct warrants his suspension
    1
    By August 18, 2016 order, respondent has also been
    suspended from the practice of law by this Court for six months
    due to discipline imposed against him by the Second Circuit Court
    of Appeals (142 AD3d 729 [2016]).
    -3-                  D-67-16
    from the practice of law for a period of three years (see Matter
    of Crumb, 66 AD3d 1323, 1323 [2009]; Matter of Gold, 64 AD3d 990,
    991-992 [2009]; Matter of Haas, 3 AD3d 732, 732 [2004]).
    We further direct that, upon any application for
    reinstatement, respondent shall demonstrate, in addition to the
    requirements set forth in Uniform Rules for Attorney Disciplinary
    Matters (22 NYCRR) § 1240.16, his completion during the period of
    his suspension of 12 credit hours of accredited continuing legal
    education (hereinafter CLE) in ethics and professionalism and 12
    credit hours of CLE in law practice management, in addition to
    the CLE requirements of all attorneys (see Rules of App Div, 3d
    Dept [22 NYCRR] part 1500]), and documentation establishing
    respondent's satisfaction of this condition shall be provided to
    petitioner upon completion of the CLE. Additionally, respondent
    shall, until further order of this Court, continue his
    participation in mental health counseling with his present mental
    health provider and respondent shall ensure that petitioner
    receives quarterly reports from his mental health provider,
    confirming that he is participating in a mental health program.
    Should respondent need to substitute a different mental health
    provider in the future, such substitution may only be had upon
    petitioner's consent or upon order of this Court.
    McCarthy, J.P., Garry, Rose, Clark and Mulvey, JJ., concur.
    ORDERED that respondent is found guilty of the professional
    misconduct as set forth in the petition of charges; and it is
    further
    ORDERED that respondent is suspended   from the practice of
    law for a period of three years, effective   immediately, and until
    further order of this Court (see generally   Uniform Rules for
    Attorney Disciplinary Matters [22 NYCRR] §   1240.16); and it is
    further
    -4-                  D-67-16
    ORDERED that, for the period of suspension, 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
    the Uniform Rules for Attorney Disciplinary Matters regulating
    the conduct of suspended attorneys (see Uniform Rules for
    Attorney Disciplinary Matters [22 NYCRR] § 1240.15).
    ENTER:
    Robert D. Mayberger
    Clerk of the Court
    

Document Info

Docket Number: D-67-16

Citation Numbers: 145 A.D.3d 1177, 42 N.Y.S.3d 478

Filed Date: 12/1/2016

Precedential Status: Precedential

Modified Date: 1/12/2023