Matter of Allan Baldwin Cruikshank Jr., an Attorney

Summary

The Appellate Division, Third Department, considers an Attorney Grievance Committee motion seeking discipline against Allan Baldwin Cruikshank Jr. based on misconduct found by the U.S. Court of Appeals for the Second Circuit. The court denies discipline for conduct previously addressed, finds respondent’s neglect of a criminal appeal established, and censures him.

Holdings

1. The court denied the motion to the extent it sought discipline based on respondent's failure to respond to Second Circuit directives because the court had already disciplined him for that conduct in its August 2024 order of censure.
2. Respondent's admitted failure to effectively and timely prosecute the criminal appeal constituted client neglect and established misconduct warranting discipline in New York.
3. A public censure was the appropriate sanction for respondent's neglect of the criminal appeal.

Questions Presented

1. Whether respondent's failure to effectively and timely prosecute a criminal appeal constituted client neglect warranting discipline in New York.
2. Whether New York could impose additional discipline for respondent's failure to respond to Second Circuit directives after the Third Department had already disciplined him for that conduct.
3. What disciplinary sanction was appropriate in light of the misconduct and aggravating and mitigating factors.

Disposition

other