On Thursday, November 16, 2023, the New York appeals court issued an order, disbarring Attorney Michael Salvatore Fauci for failing to cooperate with an investigation by the Attorney Grievance Committee for the Third Judicial Department, since his earlier suspension.
The case is titled ‘In the Matter of Michael Salvatore Fauci,’ with case no. PM-262-23.
This disciplinary matter stems from Attorney Fauci’s continued refusal to cooperate with the investigation of his conduct which led to his suspension.
Attorney Fauci, who was admitted to practice law in New York in 1994, had maintained an office in the village of Endicott. In December 2021, the Appellate Division of the Supreme Court in Albany suspended Fauci from practicing law based on allegations that he was uncooperative with the grievance committee’s probe into his conduct.
The committee, also known as AGC, had received multiple complaints against Attorney Fauci from June 2021 to June 2022. These complaints involved serious allegations of client neglect, failure to return client funds, and other professional misconduct.
Though suspended, Attorney Fauci still had an obligation to cooperate with the AGC’s investigation. However, since his suspension in December 2021, Attorney Fauci failed to respond to three initial client complaints or demonstrate any cooperation with the committee. He also ignored additional complaints received during the suspension period.
As a result, the Appellate Division granted the AGC’s motion and disbarred Attorney Fauci from practicing law in New York. The court noted that attorneys suspended on an interim basis, like Attorney Fauci was, can be disbarred without notice if they fail to cooperate with further AGC proceedings within six months of suspension.
Attorney Fauci did not respond to the AGC’s motion for disbarment. He also failed to file an affidavit required by the court to prove his compliance with disciplinary rules. The Appellate Division ruled this aggravated his misconduct, warranting the ultimate penalty of disbarment. Attorney Fauci is now prohibited from practicing law in New York.
The disposition reads:
“ORDERED that the motion of the Attorney Grievance Committee for the Third Judicial Department is granted in its entirety, and it is further
ORDERED that 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, Attorney Michael Salvatore Fauci practiced as a bankruptcy and debt attorney in Endicott, New York prior to his disbarment. He attended the Creighton University School of Law and acquired his license in New York in 1994.
A copy of the original filing can be found here.