Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05601
Matter of Smerling
Read the official decision: 2026 NY Slip Op 05601
Holding The court granted the Attorney Grievance Committee’s motion for reciprocal discipline, disbaring the respondent immediately based on his felony convictions and resignation from the Massachusetts Bar. The court found that the respondent could not raise any valid defenses under 22 NYCRR 1240.13(b) and that disbarment was the appropriate sanction commensurate with the foreign jurisdiction’s discipline.
The court’s words
respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, effective immediately
2026 NY Slip Op 05601, at the official text
intentional conversion of client or third-party funds warrants disbarment absent extraordinary mitigating circumstances
2026 NY Slip Op 05601, at the official text
significant weight should be given to the sanction imposed by the jurisdiction where the misconduct occurred
2026 NY Slip Op 05601, at the official text
reciprocal discipline is warranted
2026 NY Slip Op 05601, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05601 |
| Area of law | Attorney Discipline and Professional Responsibility |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05601 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 766 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Smerling, 2026 NY Slip Op 05601 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05601/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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