Judge Norman Mordue
Appellate Division, Third Department admitted Neroni to practice law in 2009. On Jan. 29, 2013, the Committee on Professional Standards (Committee) brought a disciplinary proceeding against her, under New York Judiciary Law §90(2), grounded on three unpaid sanction orders affirmed by the Third Department. Neroni removed the proceeding to the Northern District under a notice of removal captioned “Notice of Removal/Complaint/1983 Action.” She named the Third Department’s chief judge and the Committee’s chairperson in their official capacities. District court remanded the disciplinary proceeding to the Third Department. Insofar as Neroni’s removal notice constituted notice under 28 USC §1446, the court lacked subject-matter jurisdiction. Further deeming Neroni’s reliance on 28 USC §1443 misplaced, district court found Neroni set forth no basis upon which federal district court has original jurisdiction over a state attorney disciplinary proceeding. Further finding all elements of the Younger abstention doctrine satisfied, district court dismissed Neroni’s claims that her removal notice document was intended to serve as a complaint under 42 USC §1983 challenging New York State’s attorney disciplinary procedure.
