On Wednesday, February 15, 2023, the Supreme Court of the State of New York, Appellate Division, Second Judicial Department suspended attorney Marcie A. Serber from the practice of law for three years.

The case is entitled “In the Matter of Marcie A. Serber” with case no. 2021-02026.

On October 27, 2020, the respondent was charged in the Criminal Court of the City of New York, New York County, with one count of grand larceny in the third degree, a class D felony, and one count of offering a false instrument for filing in the first degree, a class E felony. The criminal conduct is in relation to Ms. Serber’s stolen wages amounting to $15,054.81.

The Opinion and Order states:

“On 30 different dates from April 6, 2017, through November 26, 2019, the respondent submitted 29 timesheets stating that she was physically present at her CSC office and worked when she did not in fact go to the CSC office. She filed the timesheets electronically and certified that they “correctly represent[ ] [her] attendance and activities for the week indicated.”

The Opinion and Order continues:

“On 26 of the 30 dates, the respondent sent either an email or a text message to her CSC colleagues advising that she would be out of the office, but she claimed on her timesheets that she had worked that day. According to the commissioner of the CSC, the respondent did not have permission or authority to work from home. The amount stolen in wages for those 30 dates (based on hours claimed and her pay rate) was determined to be $15,054.81.”

The respondent admitted that on December 2, 2019, she submitted a  false timesheet and filed it in the records of the public office. On November 2, 2020, the respondent was sentenced in the Criminal Court of the City of New York and in relation thereto, the Supreme Court of the State of New York finds that the Special Referee properly concluded that the respondent failed to meet her burden of establishing why the Court should not issue a final order of public discipline.

In determining the appropriate measure of discipline to impose, the court considered in mitigation the respondent’s unblemished disciplinary record; expressed remorse; admission of wrongdoing; evidence of her good character; and her cooperation with the Grievance Committee. In aggravation, the court has considered that the respondent’s misconduct occurred in her capacity as a public servant. As a result of her misconduct, the respondent violated the public’s trust, which lessens public confidence in the legal profession.

The disposition states:

“ORDERED that the respondent’s motion to confirm the Special Referee’s report is granted, and it is further,

ORDERED that the respondent, Marcie A. Serber, admitted as Marcie Ann Serber, a suspended attorney is suspended from the practice of law for a period of three years, with credit for the time the respondent has already served under the interim suspension imposed by this Court by decision and order on motion dated September 13, 2021, and continuing until further order of this Court.”

Ms. Marcie Ann Serber attended Brooklyn Law School. She practices in New York County, New York. She is licensed in New York with licensed no. 2209567. Her info can be found here.

A copy of the original filing can be found here.