Dishonored Checks Lead To Resignation, Disbarment

The New York Appellate Division for the Second Judicial Department has disbarred an attorney

The respondent, Alfred Anthony Delicata, Jr., has submitted an affidavit dated November 21, 2023, in support of his application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10). The respondent acknowledges in his affidavit that he is currently the subject of an investigation by the Grievance Committee for the Ninth Judicial District, involving two dishonored checks issued from his attorney escrow account. The Committee’sinvestigation also involves allegations that the respondent misappropriated $739,925.69 for his own personal use in relation to about 23 real estate matters in which he represented the respective sellers between about January 2020 and March 2021. The respondent attests that he cannot successfully defend against the allegations based upon the facts and circumstances of his professional conduct as described herein.

Restitution

The respondent avers that there are no issues of restitution as all clients and other parties in the real estate matters that he handled between January 2020 and March 2021 have received the funds owed to them. Notwithstanding the absence of any restitution to be made, the respondent acknowledges that the resignation is submitted subject to any future application that may be made by the Grievance Committee for an order, pursuant to Judiciary Law § 90(6-a), directing that he make restitution or reimburse the Lawyers’ Fund for Client Protection, and that he consents to the Court’s continuing jurisdiction to make such an order.

(Mike Frisch)