Restrictions Removed

The New York Appellate Division for the Third Judicial Department terminated practice limitation conditions imposed on an admitted attorney

Following his 2014 graduation from law school, Devon Joseph Casertino passed the July 2017 bar exam and thereafter applied to this Court for admission to practice. Ultimately, following the character and fitness process, we admitted Casertino to practice, by February 2019 order, subject to the conditions that he not engage in the solo practice of law, not serve as a partner in a firm and not associate with a lawyer of less than five years of practice experience. Casertino was further directed to certify compliance with the aforementioned conditions on a quarterly basis and our order further provided that Casertino could seek to terminate the conditions of his admission after the expiration of two years. In February 2023, this Court’s Office of Attorney Admissions advised the Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) that Casertino had been noncompliant with the conditions of his admission and referred the issue to AGC for whatever action it deemed appropriate. In response to such referral, Casertino moved to terminate the conditions of his admission and, following AGC’s filing of a petition of charges against Casertino with this Court (see generally Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.8), the parties later jointly moved for the imposition of discipline upon Casertino’s consent, which we granted by May 16, 2024 order censuring Casertino, and we likewise denied Casertino’s motion to terminate the conditions of his admission (see Matter of Casertino, 227 AD3d 1266, 1268 [3d Dept 2024]). Pursuant to the dictates of our February 2019 order, Casertino now moves for termination of the conditions of his admission. Both AGC and the Office of Attorney Admissions have been heard in response and neither opposes Casertino’s motion. Accordingly, based on the circumstances presented, we grant Casertino’s motion.

The court had previously denied the relief granted here. (Mike Frisch)