Summary
The Appellate Division, First Department granted the Attorney Grievance Committee's motion for reciprocal discipline against attorney John Peter DeMaio. Relying on a public reprimand by the Second Circuit for failing to comply with court orders and neglecting representation in a bankruptcy appeal, the court imposed a six-month suspension from the practice of law. The court departed upward from the foreign jurisdiction's sanction due to the respondent's extensive prior disciplinary history and his failure to report the discipline as required.
Topics
Practice areas
Questions Presented
- Whether the Attorney Grievance Committee may impose a six‑month suspension on DeMaio under reciprocal discipline.
- Whether any of the defenses asserted by DeMaio are available in this disciplinary proceeding.
- Whether DeMaio is entitled to a sanction hearing.
Holdings
- The Court grants the motion for reciprocal discipline and imposes a six‑month suspension on DeMaio, effective 30 days from the date of the order.
- None of the defenses—lack of notice, infirmity of proof, or that the misconduct does not constitute misconduct in New York—are available because DeMaio received notice and an opportunity to be heard.
- DeMaio’s request for a sanction hearing is denied.
Factual background
John Peter DeMaio, an attorney admitted in New York, repeatedly failed to comply with orders of the United States Court of Appeals for the Second Circuit in a bankruptcy‑related appeal, including failure to file status reports and to provide required information about a bankruptcy stay. The Second Circuit ultimately reprimanded him, and the Attorney Grievance Committee now seeks a six‑month suspension in New York.
Procedural history
The Attorney Grievance Committee moved for reciprocal discipline based on a public reprimand imposed by the Second Circuit. The matter was referred to the Appellate Division, First Department for determination of appropriate sanction.