No Stay For Criminal Charges
An interim suspension of an attorney had been ordered by the New York Appellate Division for the First Judicial Department.
this Court denies respondent’s request to hold this disciplinary proceeding in abeyance until the conclusion of the criminal proceedings against her in Suffolk County. “A criminal defendant does not have a right to stay a related disciplinary proceeding pending the outcome of trial” (Matter of Chaplin v New York City Dept. of Educ., 48 AD3d 226, 227 [1st Dept 2008]).
Accordingly, the AGC’s motion should be granted, and respondent suspended from the practice of law effective immediately and until further order of this Court. The AGC’s request for the appointment of a receiver should also be granted.
Patch reported on criminal charges
A Huntington lawyer was indicted for a second time after she was accused of stealing $150K from a third client, Suffolk County District Attorney Raymond Tierney said Wednesday.
Daphna Zekaria, 54, of Syosset, was charged with second-degree grand larceny. Zekaria was
previously arrested and arraigned on a separate indictment in December 2023 after she was accused of stealing more than $200K from two other clients, the DA said.
“Attorneys occupy unique positions of trust within our community,” Tierney said in a news release. “My office will not tolerate attorneys abusing that trust to unlawfully enrich themselves at the expense of others.”
Zekaria, represented by Brian J. Griffin, pleaded not guilty.
“We are in the process of reviewing the indictment and supporting documents and have no further comment at this time,” Griffin told Patch.
In the second indictment, in August 2021, Zekaria, a partner at the Huntington law firm of Sokolski and Zekaria, P.C., was hired to represent a woman in her divorce and, later, for the sale of her marital home, investigators said. Between Dec. 29, 2021, and March 4, 2022, Zekaria received approximately $150K, which were the proceeds of the sale of her client’s home, authorities said. Zekaria was to hold the funds in her escrow account and disperse them when the client’s divorce was finalized, officials said. Instead, Zekaria used the funds for personal and business expenses, the DA said.
In the first indictment, in December 2021, Zekaria was hired by a New York State Lottery winner, and promised to hold a portion of her client’s money in the firm’s escrow account and invest an additional portion on his behalf, prosecutors said. Instead of holding the money or investing it, Zekaria did neither, instead making large transfers of money to other people, which she would not have been able to had her client’s funds not been deposited into her account, investigators said.
Zekaria collected a total of $230K from the lottery winner in three separate transactions, the DA said.
Additionally, in March 2023, Zekaria was retained by an elderly Manhattan woman to assist her in contesting eviction proceedings, officials said. Zekaria took $17,500 from the woman to represent her but performed no legal work on her behalf, authorities said.
After the woman requested her money back 13 days after providing the payment, Zekaria had spent the woman’s money on LIPA payments and credit card bills, the DA said.
Zekaria was arraigned Tuesday on the new indictment. Zekaria was released on her own recognizance while her case pends because her charge is considered non-bail eligible under current New York State law. Prosecutors cannot ask for bail and judges cannot set bail. She is due back in court on June 12.
She had previously surrendered her passport at her arraignment on the first indictment.