Lawyer disbarred after misconduct, sex allegations

ALBANY – The region's appellate court disbarred former Colonie Town Justice Richard T. DiStefano Thursday after he failed to respond to allegations he neglected a client's marriage issue -- and was sexually involved with the client.

DiStefano, an attorney since 1986 who was a town justice from 2002 to 2005, was suspended in October by the Appellate Division of state Supreme Court, Third Department.

That followed an investigation by the department's Grievance Committee into "allegations of professional misconduct related to (DiStefano's) neglect of a client's matrimonial matter and his engagement in a sexual relationship with that domestic relations client,"  Thursday's ruling states.

The Grievance Committee had served DiStefano with a notice directing him to appear for questioning under oath and to produce files. He did not comply with either request.

The Appellate Division subpoenaed DiStefano, requiring he appear at the Grievance Committee's office to testify and produce the requested documents. But DiStefano produced "some, but not all," of the documents and then failed to appear for questioning as directed by the subpoena, court papers said.

In the six months that followed DiStefano's suspension, he has made no effort to cooperate with the Grievance Committee, the decision said.

And in violation of the suspension, DiStefano appeared in court on behalf of a person in a matrimonial matter, the committee told the court.

DiStefano showed a "clear disregard for his fate as an attorney," stated Thursday's ruling, issued by Presiding Justice Elizabeth Garry and supported by Justices Robert Mulvey, Sharon Aarons, Philip Rumsey and Stanley Pritzker.

"Accordingly, in as much as (DiStefano) has neither responded to, nor appeared for, further investigatory or disciplinary proceedings within six months from this court's October 2017 order of suspension, we find that, under the circumstances, he should be disbarred."

In 2003, the Appellate Division censured DiStefano after he failed to communicate with Family Court clients, attempted to mislead and deceive them and the court, and refused to cooperate with the probe into the client's complaints.

In 2005, the Appellate Division suspended DiStefano for two years after he violated attorney disciplinary rules. He used money he received on behalf of clients for personal use, mixed his money with clients' money and misled the grievance committee. He was reinstated in 2008.