On Thursday, April 17, 2025, the New York Supreme Court, Appellate Division, Third Judicial Department, issued a memorandum and order disbarring attorney John Frederick Gearing. Gearing faced disciplinary action following a complaint regarding his neglect of a client’s appeal in a criminal matter.
The case is entitled “In the Matter of John Frederick Gearing,” with case no. PM-92-25.
The Attorney Grievance Committee (AGC) for the Third Judicial Department began investigating Gearing in May 2023 after receiving a client’s complaint. The grievance alleged that Gearing had failed to adequately handle an appeal, leading to its dismissal by the Schenectady County Court. Although Gearing initially responded to the complaint, he subsequently failed to answer further inquiries from the AGC and did not appear for a scheduled examination under oath.
In response to Gearing’s lack of cooperation during the investigation, the AGC sought an interim suspension, which was granted in June 2024. The court’s order noted Gearing’s continued failure to engage in the investigation process, prompting the AGC to move for his disbarment. As of the date of the ruling, Gearing had not submitted any response to the AGC’s motion.
According to the applicable disciplinary rules, an attorney suspended for not cooperating with an investigation and who fails to respond or appear for further proceedings within six months may be disbarred without additional notice. The AGC confirmed that Gearing had been properly notified of the suspension order through both mail and email, yet he did not take steps to address the situation.
The court’s ruling highlighted Gearing’s failure to comply with various professional obligations, including the submission of a required affidavit and the completion of his biennial registration for the 2024-2025 period. These omissions were deemed indicative of professional misconduct.
As a result of the proceedings, the court granted the AGC’s motion, officially disbarring Gearing and striking his name from the roll of attorneys in New York. The order also prohibits Gearing from practicing law in any capacity within the state and mandates compliance with the rules governing disbarred attorneys.
The Disposition states:
“ORDERED that the respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately.”
According to Avvo.com, Mr. Gearing was an attorney in Niskayuna, New York. He acquired his law license in 2006.
A copy of the original filing can be found here.
