On Wednesday, March 27, 2024, the Appellate Division of the Supreme Court of the State of New York issued an opinion and order suspending attorney Anthony V. Merrill.
The case is entitled “In the Matter of Anthony V. Merrill,” with case no. 2020-07221.
The case began in 2020 when the Grievance Committee for the Ninth Judicial District filed a disciplinary action against Merrill, alleging fifteen charges of professional misconduct that took place between 2016 and 2017. Merrill admitted to the facts underlying all eleven charges that proceeded to a hearing.
Some of the charges stem from Merrill illegally assuming the identity of a woman in 2017 to obtain credit cards and make unauthorized purchases totaling over $21,000. He pleaded guilty to disorderly conduct in relation to this incident. Other charges involved Merrill mishandling client funds.
Specifically, Merrill settled a personal injury case for a client, Diane Totino, for $9,000 in 2016 but deposited the settlement check into his personal bank account instead of an attorney escrow account. He then used most of the money for his own expenses before paying Totino $2,500 a month later. Merrill also failed to properly maintain records and file the required paperwork for this case.
In another instance, Merrill settled a claim for a client named Paul Figueroa for $2,000 in 2017 but cashed the settlement check himself instead of depositing it in his escrow account. He claimed to have paid Figueroa cash but had no documentation. Merrill did not keep proper records or files for either case.
At the hearing, Merrill testified his actions stemmed from being a new attorney, mentored by Neil Frank. He claimed the Totino and Figueroa matters were handled through Frank’s firm. Merrill also dealt with compulsive gambling problems at the time.
After considering aggravating and mitigating factors, the Appellate Court confirmed the hearing referee’s findings that Merrill committed all eleven charges. As a result, the court suspended Merrill from practicing law for 18 months starting on April 26, 2024, with no credit for a prior suspension, as his conduct warranted the substantial penalty.
According to avvo.com, Mr. Merrill is an employment & labor attorney in New York, New York. He acquired his law license in New York in 2016.
A copy of the original filing can be found here.
