In the Matter of Frank G. D'Angelo, Jr.

Summary

The Appellate Division, Second Department, sustained all twelve charges of professional misconduct against attorney and guardian Frank G. D'Angelo, Jr. The charges concerned self-dealing involving guardianship funds, an undisclosed real estate commission, and the preparation and probate of wills for an incapacitated person. The court disbarred D'Angelo effective immediately.

Holdings

1. The respondent's use of Family Care, a business solely owned by his wife, as a vehicle for payments from the ward's estate constituted deceitful conduct and properly supported charge three.
2. The respondent's receipt, deposit, and use of a $47,100 unearned commission through Castleworks, without disclosure to the court approving the sale, constituted deceitful conduct and properly supported charge seven.
3. The respondent's preparation and use of the May 8, 2009, and July 8, 2009, wills for Albert K., despite knowing of Albert K.'s severe cognitive and language impairments, constituted deceitful conduct and properly supported charge eleven.
4. The motion to confirm the Special Referee's report was granted, and all 12 charges of professional misconduct were sustained.
5. Disbarment was warranted because the respondent engaged in a course of covert self-dealing while acting as guardian for an elderly and incapacitated ward.

Questions Presented

1. Whether the Special Referee's findings sustaining all 12 charges of professional misconduct should be confirmed.
2. Whether D'Angelo's conduct involving guardianship payments constituted dishonesty, fraud, deceit, or misrepresentation rather than merely negligence.
3. Whether D'Angelo's receipt and concealment of an unearned real-estate commission constituted dishonesty, fraud, deceit, or misrepresentation.
4. Whether D'Angelo's preparation and use of wills for an incapacitated ward constituted dishonesty, fraud, deceit, or misrepresentation.
5. What disciplinary sanction was warranted by the respondent's course of covert self-dealing.

Disposition

other