On Thursday, August 17, 2023, the Supreme Court of New York, Appellate Division, Third Judicial Department disbarred attorney Roy Karl Nestler. The court’s decision comes in response to Nestler’s plea of guilty to the felony offense of grand larceny.

The case is entitled “Attorney Grievance Committee for the Third Judicial Department v. Roy Karl Nestler,” with case no. PM-176-23.

The case revolved around Nestler’s alleged misconduct, including misappropriation of client funds and making false statements to a tribunal. Petitioner Monica A. Duffy, representing the Attorney Grievance Committee for the Third Judicial Department, Albany, moved for Nestler’s interim suspension in April 2021, following an investigation into a client’s complaint of mishandled funds. This resulted in Nestler’s suspension from practice. Subsequently, Nestler faced a petition of charges in April 2023, outlining 14 rule violations, including misappropriation of funds and false statements.

Upon Nestler’s failure to respond to the charges, the petitioner sought an order of default, deeming the allegations admitted. Respondent Nestler later requested a stay due to pending criminal charges, though he failed to provide further information. It was revealed that Nestler pleaded guilty to grand larceny in the second degree in May 2023.

The Memorandum and Order states:

“Based upon the respondent’s failure to file an answer to the petition, the petitioner then moved for an order finding the respondent in default, deeming the allegations of the petition admitted by the respondent and granting a final order of discipline against him.”

Given Nestler’s guilty plea to a felony, the petitioner petitioned for confirmation of disbarment, document divulgence, monetary restitution, and other relief. The court confirmed Nestler’s disbarment, striking his name from the attorney roll, effective nunc pro tunc to the date of his guilty plea. Divulgence of documents to the Albany County District Attorney’s Office was authorized.

Although the court recognized Nestler’s misappropriation, the request for restitution was denied due to ongoing criminal proceedings. The court ordered Nestler to comply with disbarment regulations and certify his compliance.

The Disposition states:

“ORDERED that respondent’s motion is granted in part and denied in part as set forth in the above decision; and it is further ORDERED that respondent’s name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective nunc pro tunc to May 23, 2023.”

According to avvo.com, Mr. Nestler had been practicing at Nestler & Gibson, PLLC. Before his disbarment, he practiced in Delmar, New York. He was licensed in New York with license no 3927910.

A copy of the original filing can be found here.