On Thursday, July 20, 2023, Kingston-based attorney Andrea L. Gamalski was publicly censured by the State of New York Supreme Court, Appellate Division, Third Judicial Department for professional misconduct following a conviction for misdemeanor driving while intoxicated (DWI) in connection with a motor vehicle accident in June 2018.
The case is titled “In the Matter of Andrea L. Gamalski,” with case number PM-153-23.
Gamalski was charged with violating Rules of Professional Conduct (22NYCRR 1200.0) rule 8.4 (b). The New York Rules of Professional Conduct can be viewed here.
On April 2o, 2023, the Attorney Grievance Committee moved for the summary judgment of the case, alleging professional misconduct related to the DWI conviction. This was, however, opposed by the respondent stating that misconduct has not been committed or alternatively asking for a referee on the issue of liability. Gamalski likewise asked to be heard in mitigation first before any given sanctions, if there were any.
On May 11, 2023, the Court granted the Committee’s motion for summary judgment, finding the respondent guilty as charged. The parties were then heard on mitigation.
While Gamalski hinted at a letter of advisement as a sanction, the Court found it inappropriate for the misconduct and instead imposed a disciplinary sanction.
For the appropriate sanction, the Court weighed the mitigating and aggravating factors relating to the case. Considering the nature of the misconduct, Court finds the integrity of the profession to be not in jeopardy by her misdeed. Gamalski’s sincerity in addressing the issues sat well with the Court and is in congruence with her being compliant with her registration obligations and other statutory requirements. Although no report has been provided on the treatment the respondent is getting for her mental health issues and her addiction, she nevertheless had shown to have completed inpatient rehabilitation, a chemical dependency outpatient program, and a medicated assisted treatment program.
In its decision, the Court ordered that Gamalski be publicly censured with certain conditions. Certain conditions were set in consideration of the respondent’s history with illegal substances.
Hence, the Court Order reads:
“ORDEREDthat respondent is censured, and it is further
ORDERED that respondent’s continued practice of law is conditioned upon the following requirements: (1)respondent shall participate in a drug and alcohol evaluation to be conducted by a provider certified by the Office of Addiction Services and Supports within 30 days of this order and shall thereafter abide by, and meaningfully participate in, all treatment recommendations of the said certified provider until satisfactorily discharged in writing to be provided to the petitioner; (2) respondent shall designate petitioner as a collateral contact for evaluation and treatment by the OASAS-certified provider; and (3)respondent shall not consume alcohol or engage in the-prescribed use of drugs.”
Andrea L. Gamalski obtained her law degree from Albany Law School and was admitted to practice law in the State of New York in 2016. More of Attorney Gamalski’s bio can be found here.
A copy of the original filing can be found here.
