Matter of Cardillo

Summary

The New York Supreme Court, Appellate Division, First Department considered reciprocal discipline against Cathy C. Cardillo based on a public reprimand imposed by the Supreme Court of New Jersey. The misconduct involved entering into an agreement restricting her practice of law as part of settling a landlord-tenant dispute, in violation of New Jersey RPC 5.6(b), a rule substantially equivalent to New York rules. The court granted the disciplinary petition and publicly censured respondent.

Holdings

1. Reciprocal discipline was warranted because respondent received notice and an opportunity to be heard in New Jersey, the record established her misconduct, and she did not establish any permissible defense to reciprocal discipline.
2. Entering into an agreement restricting a lawyer's right to practice law as part of settling a private controversy constitutes professional misconduct in New York.
3. The New Jersey public reprimand warranted equivalent discipline in New York, namely public censure.

Questions Presented

1. Whether reciprocal discipline should be imposed based on the public reprimand entered by the Supreme Court of New Jersey.
2. Whether respondent's conduct in agreeing to restrict her right to practice law as part of a settlement constituted professional misconduct in New York.
3. Whether New York should impose a sanction different from the New Jersey public reprimand.

Disposition

other