Matter of Baroni
152 A.D.3d 35
| N.Y. App. Div. | 2017Background
- William E. Baroni, Jr., admitted to NY bar (First Dept.) in 2011, served as Deputy Executive Director of the Port Authority of NY & NJ.
- Convicted (Nov. 4, 2016, D.N.J.) after jury trial of multiple federal felonies including conspiracy, wire fraud, deprivation of civil rights, and theft of funds under 18 U.S.C. §§ 666, 371, 1343, 1349, 241, 242 connected to the 2013 George Washington Bridge lane closures.
- Sentenced (Mar. 29, 2017) to 24 months imprisonment, one year supervised release, $7,500 fine, 500 hours community service, and restitution of $14,314.04.
- Departmental Disciplinary Committee (DDC) moved to deem the convictions "serious crimes" under Judiciary Law § 90(4)(d), obtain interim suspension under § 90(4)(f) and 22 NYCRR 1240.12, and direct respondent to show cause before a referee for final discipline.
- Baroni (through counsel) joined the petition to deem the crimes "serious," did not oppose a sanction hearing, and did not contest interim suspension (reserved right to seek relief if conviction vacated on appeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Baroni's federal felony convictions constitute a "serious crime" under Judiciary Law § 90(4)(d) | DDC: Federal felonies (wire fraud, conspiracy, deprivation of civil rights, theft) fall within the statute and precedent classifying similar offenses as "serious crimes." | Baroni: Joined the DDC's request (no opposition); reserved right to challenge if conviction vacated on appeal. | Court: Convictions are "serious crimes." |
| Whether to impose an immediate interim suspension and order a referee hearing for final discipline | DDC: Interim suspension appropriate pending serious-crime proceeding and hearing; direct show-cause before a referee. | Baroni: Does not explicitly oppose interim suspension; intends to appeal and may seek vacatur later. | Court: Granted immediate suspension under Judiciary Law § 90(4)(f) and 22 NYCRR; directed show-cause and referee hearing within 90 days after release from prison. |
Key Cases Cited
- Matter of Newkirk, 141 A.D.3d 178 (1st Dep't) (attorney convicted of wire fraud deemed to have committed a serious crime)
- Matter of Davis, 70 A.D.3d 53 (1st Dep't) (conspiracy to commit bank and wire fraud treated as serious crimes)
- Matter of Fasciana, 36 A.D.3d 9 (1st Dep't) (conspiracy to commit wire fraud and wire fraud are serious crimes)
- Matter of Klein, 28 A.D.3d 102 (1st Dep't) (conspiracy to commit wire fraud and wire fraud are serious crimes)
- Matter of Lam, 104 A.D.3d 801 (1st Dep't) (interim suspension appropriate while attorney serves term of imprisonment/probation)
- Matter of Schneider, 97 A.D.3d 152 (1st Dep't) (same: suspension during pendency of serious-crime proceedings)
- Matter of Christo, 69 A.D.3d 157 (1st Dep't) (appeal pending does not preclude interim suspension)
- (All concurred; order suspending respondent effective immediately pending conclusion of referee proceedings.)