New York Appellate Court suspends Attorney Jerry Ray Hamling for falsifying business records

On Thursday, December 28, 2023, the Appellate Division of the New York Supreme Court suspended attorney Jerry Ray Hamlin from practicing law in New York for two years.

The case is entitled “In the Matter of Jerry Ray Hamling,” with case no. PM-286-23.

Hamling pleaded guilty in June 2020 in New York County to the misdemeanor charge of falsifying business records in the second degree regarding his role in submitting an application to the New York State Insurance Fund that omitted certain information. As owner and operator of Affinity Human Resources, LLC, a Michigan-based payroll processing company, Hamling failed to report omitted information in an application for workers’ compensation coverage submitted to the Fund on behalf of one of Affinity’s construction company clients.

Following a hearing ordered by the Appellate Division in June 2022, a referee found aggravating factors in Hamling’s case, including his experience practicing law and engaging in criminal conduct. However, the referee also noted mitigating factors such as Hamling’s lack of prior discipline and cooperation in the disciplinary proceeding.

In its decision, the Appellate Division concluded Hamling gave inconsistent testimony that minimized his criminal culpability, weighing as an aggravating rather than mitigating factor. The court also found Hamling did not fully comply with the terms of his probation by not formally divesting from Affinity as required.

Given the aggravating factors and Hamling’s sophistication in his field, the Appellate Division suspended him for two years, retroactive to June 2022, with any future reinstatement in New York also requiring proof of good standing in Michigan. The suspension is intended to protect the public, maintain the integrity of the legal profession, and deter similar misconduct.

According to avvo.com, Mr. Hamling is a criminal defense attorney in Rochester Hills, Michigan. He is the founder of Hamling Law PLLC. He attended Boston College and acquired his law license in New York in 2015.

A copy of the original filing can be found here.