On Wednesday, February 15, 2023, the Supreme Court of the State of New York Appellate Division, Second Judicial Department ruled on the application for resignation from law practice filed by Mamaroneck attorney Joseph C. Messina.

The case is styled “In the Matter of Joseph C. Messina”, case no. 2022-09479.

Messina acknowledged in his affidavit that there are three complaints filed against him alleging professional misconduct and is currently being investigated by the Grievance Committee for the Ninth Judicial District.

The complaints accuse Messina of misappropriation of funds; commingling of personal funds with those received incident to his practice of law; failing to maintain separate accounts from accounts maintained as an executor; failing to properly identify his escrow account; failing to maintain required bookkeeping records for his escrow account; and engaging in a conflict of interest.

Messina sought resignation from the bar rather than face disciplinary charges for the reason that he could not successfully defend himself if prosecuted.

The filing states:

‘The respondent acknowledges that his resignation is freely and voluntarily tendered, without coercion or duress by anyone, and with full awareness of the consequences, including that the Court’s acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys and counselors-at-law.’

The Grievance Committee recommended that the Court grant the respondent’s application to resign.

Accordingly, the Court, having considered Messina’s affidavit and upon finding that  Messina’s application substantially complies with the requirements of the New York Uniform Civil Rules for the Supreme Court, deemed it appropriate to accept Messina’s application for resignation as an attorney and counselor-at-law of the State of New York.

The disposition reads:

“ORDERED that the application of the respondent, Joseph C. Messina, admitted as Joseph Charles Messina, to resign as an attorney and counselor-at-law is granted; and it is further

ORDERED that pursuant to Judiciary Law § 90, effective immediately, the respondent, Joseph C. Messina, admitted as Joseph Charles Messina, is disbarred and his name is stricken from the roll of attorneys and counselors-at-law;”

Prior to his resignation, Mr. Messina maintained his own law firm, The Law Offices of Joseph C. Messina, in Mamaroneck, New York. He graduated from Fordham University School of Law in 1975. Messina had been licensed in New York, license no. 1531649. His info can be found on LinkedIn.

A copy of the original filing can be found here.