On Thursday, November 3, 2022, the State of New York Supreme Court, Appellate Division of the Third Judicial Department ordered the suspension of Newark Valley attorney Nicholas R. Canizio from the practice of law for failure to provide requested records and documentation to the Attorney Grievance Commission and failure to appear at a scheduled examination.
The case is styled as ‘In the Matter of Nicholas R. Canizio’ and was brought by the Attorney Grievance Committee under case no. PM-185-22.
The following are as alleged and summarized from the filing:
The Attorney Grievance Committee for the Third Judicial Department (AGC) commenced an investigation upon receipt of a dishonored check report advising that Respondent’s escrow account was overdrawn. Respondent initially cooperated with the AGC investigation and was able to produce a preliminary audit of hiss account for the period between June 2016 and November 2016; however, respondent failed to provide the additional escrow account records documented by AGC. Moreover, respondent failed to appear at a scheduled examination to testify under oath.
The Order states:
“AGC now moves to suspend respondent from practice pending his full cooperation with its investigation. . .In response, respondent submitted an affirmation, wherein he, among other things, admitted certain irregularities with his attorney escrow account, but–as pointed out by AGC in its reply affirmation–wholly failed to address the substance of the subject motion or provide any of the outstanding information and documentation lawfully demanded by AGC in order to complete its investigation.”
The Order continues:
“Respondent’s demonstrated failure to cooperate and comply with AGC’s lawful demands not only constitutes professional misconduct immediately threatening the public interest.”
By these acts, the Court ruled against the respondent, granting AGC’s motion, and suspening respondent from the practice of law during the pendency of the AGC’s investigation and until further order of the Court.
The Disposition reads:
“ORDERED that the motion by the Attorney Grievance Committee for the Third Judicial Department is granted; and it is further
ORDERED that respondent is suspended from the practice of law, effective immediately, and until further order of this Court . . . and it is further
ORDERED that, for the period of the suspension, respondent is commanded to desist and refrain from the practice of law in any form in the State of New York, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto, or to hold himself out in any way as an attorney and counselor-at-law in this State; and it is further . . .
ORDERED that respondent’s failure to respond to or appear for further investigatory or disciplinary proceedings within six months from the date of this decision may result in his disbarment by the Court without further notice. . .”
Prior to this suspension order, Mr. Nicholas R. Canizio practiced in Newark Valley, New York. Canizio graduated from the Widener University Delaware School of Law. He has been licensed in New York, license no. 1623727. His info can be found on LinkedIn.
A copy of the original filing can be found here.