Not Resigned To His Fate

An attorney who was disbarred in Vermont after a hit-and-run that killed a pedestrian has now been disbarred by the New York Appellate Division for the Third Judicial Department.

The court concluded that the attorney had not avoided discipline by resigning

We disagree. Although Sullivan has self-certified as retired from the practice of law since 2015, his retired status precludes him from practicing law for a fee and entitles him to a waiver of the biennial registration fees; however, it does not preclude him from providing legal services pro bono (see Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [g]) and his obligation to register as an attorney has continued unabated (see Judiciary Law § 468-a [4]; Rules of Chief Admin of Cts [22 NYCRR] § 118.1 [a]- [c]). Notably, Sullivan remains currently registered to date, having last registered in November 2015.

Resignation from the bar, on the other hand, “requires an order of this Court and may be accomplished only by sworn affidavit application” (Matter of Dawson, 133 AD3d 1083, 1084 [2015]; see Rules of App Div, 3d Dept [22 NYCRR] § 806.8; see also Matter of O’Brien, 224 AD2d 170, 170 [1996]). Here, no sworn affidavit application was ever filed by Sullivan requesting that this Court accept his resignation from the practice of law. Accordingly, since Sullivan has not undertaken the steps necessary to effectuate his resignation from the bar, his name remains on the roll of attorneys and he remains subject to the disciplinary authority of this Court (see Matter of Dawson, 133 AD3d at 1084).

WCAX.com reported on the crime

Gregor Outslay carried a photograph of his mother into the Rutland courtroom Thursday, a reminder of his mom he holds on to.

“We were each affected by my mother’s presence in our lives, just as we were strongly affected by her loss,” Outslay said.

In April 2013, Mary Jane Outslay of Mendon was hit and killed by a car as she crossed a Rutland Street. She was 71. The driver took off. But the next day, Christopher Sullivan, a former Rutland city attorney, came forward to say he was the driver.

“There isn’t a day, moments of the day that don’t go by that I don’t think about this,” Sullivan said in court.

Earlier this year, jurors found Sullivan guilty of driving under the influence and leaving the scene of the crash.

Sullivan addressed Outslay’s family during his sentencing hearing.

“I was totally distraught and devastated. I didn’t know what to do. I did the wrong thing and I take full responsibility for my actions,” he said.

Prosecutors argued for the maximum sentence of 15 years, while Sullivan’s lawyers argued for less. Sullivan’s wife testified on his behalf.

“Tragic events alter a person’s mental status. There’s no doubt. No one knows how they’re going to react to a tragedy,” Margaret Sullivan said.

Superior Court Judge Theresa DiMauro sentenced Sullivan to 4-10 years behind bars. Outslay’s loved ones say they are still grieving, but the sentence helps.

“It’s just relief that we’re past this point,” Gregor Outslay said. “The sentencing has been rendered and it kind of validates the case and our loss a little bit. And we just move on to the next phase.”

Sullivan was sentenced to 4-10 years for both of his convictions. He will be given credit for time he’s already served, which is just a few months.

(Mike Frisch)