On Feb. 21, 2012, a unanimous panel of the Appellate Division, Second Department, suspended a Long Island attorney, Peter J. Galasso of Galasso, Langione, Catterson & LoFrumento, for two years due to his failure to adequately supervise his brother, who stole $4 million from the firm’s client escrow account.1 The decision has since garnered a great deal of media attention and sparked concern among members of the bar over the seemingly high standard for supervision and the severity of the penalty. On May 1, 2012, over the objection of the Grievance Committee for the Ninth Judicial District, the Court of Appeals granted Galasso’s motion for leave to appeal the Second Department’s ruling.
When it comes to attorney discipline, the Court of Appeals historically has been a court of very limited jurisdiction. With a few narrow exceptions, it is confined by the State Constitution to examining questions of law and is precluded from reviewing questions of fact.2 Nor will the court review legal issues unless they have some broad significance. The Grievance Committee, in its opposition to Galasso’s motion for leave, argued that the case does not present any legal questions that are novel or of public importance, or that involve a conflict with prior Court of Appeals decisions or amongst the Appellate Divisions.3
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