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NY Justice Disbarred for Deception

published October 22, 2012

By Author - LawCrossing
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( 23 votes, average: 4.5 out of 5)
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10/22/12

NY Justice Disbarred for Deception
On Wednesday, the New York Court of Appeals disbarred New York Supreme Court Justice Joseph Alessandro. A former Westchester judge, Alessandro was removed from the bench in 2009 after trying to deceive court officials about the repayment of a campaign loan. On Wednesday, asserting that deception is as much “incompatible with the position of trust and confidence occupied by an attorney at law,” as it is incompatible with the position of a judge – the appeals court took away Alessandro's license to practice law.


The allegations arose involving the repayment of a $250,000 loan taken from Alessandro's campaign manager, Barbara Battista, during Alessandro's 2003 bid for a judgeship in Westchester County Court. When Alessandro did not repay the loan in full, Battista filed a lawsuit in 2005. The suit was settled in 2006.

According to a 2009 determination from the State Commission on Judicial Conduct, Alessandro gave “misleading and evasive” answers to questions on the loan during the Commission's investigation on the matter. A disciplinary proceeding was started in 2010, and finally, a special referee upheld the charges of judicial misconduct.

In his response, Alessandro argued that as a political candidate, he was inexperienced in 2003, he had made amends for his action, and that he had apologized. He made a plea to allow him to continue practicing law, as he had spent his post-judicial career principally in providing free legal representation. But the Second Department, Appellate Division rejected his plea and held that he did not deserve to continue practicing law.

Alessandro was a partner in a law firm with his brother, Francis Alessandro, before beginning his term as a county court judge from 2004-2005. Alessandro's brother is currently a civil court judge in Bronx. In 2006, Alessandro was elected to the Supreme Court and continued his spot on the bench.

The case is In the Matter of Joseph S. Alessandro, New York State Supreme Court, Appellate Division, Second Department, No. 2010-3701.

The judges in the matter were Presiding Justice Randall Eng and Justices William Mastro, Reinaldo Rivera, Peter Skelos and Ruth Balkin.

published October 22, 2012

By Author - LawCrossing
( 23 votes, average: 4.5 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.

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