COVID Return Party Leads To Misdemeanor Conviction And Public Censure

The dramatic difference between a felony and misdemeanor conviction under New York bar discipline law is well-illustrated by a public censure imposed by the Appellate Division for the Second Judicial Judicial Department, where a felony conviction would have led to automatic disbarment

According to the misdemeanor information, on January 25, 2021, at approximately 8:07 p.m., while driving northbound on the southbound lane of Walt Whitman Road, Huntington Station, the respondent hit two southbound vehicles. One of the other drivers was injured and transported to Huntington Hospital. When a police officer interacted with the respondent at the scene of the accident, the police officer smelled alcohol on the respondent’s breath and observed that the respondent was unsteady on his feet, had bloodshot and wateryeyes, and his speech was slurred. The respondent submitted to a field sobriety test and performed poorly. The respondent was arrested at the scene and transported to a police precinct station house where a breath test was administered. At 10:15 p.m., approximately two hours after the accident, the respondent’s blood alcohol content was .16%.

At the hearing before the Special Referee, the respondent testified that he was an equity partner at Milber Makris Plousadis & Seiden, LLP. On the night of his arrest, he had approximately three scotches at the office because it was the first time the employees of the law firm were all back at the office since the COVID-19 pandemic, so they decided to have a few drinks at the office. After drinking, the respondent “stupidly decided to drive home,” which he stated was the “biggest mistake in [his] life.” The respondent testified that he was on the Northern State Parkway and exited the Parkway to get gas. He did not recall much after that except that his air bags were deployed because he was in an accident. The next thing the respondent remembered was police officers opening his vehicle door to get him out of his vehicle. The respondent was not injured, but the driver of another vehicle was injured, and a civil lawsuit was filed, which has since been settled. After the respondent was arrested, he was recommended for counseling sessions, which he completed.

(Mike Frisch)