ASSAULTING A FELLOW BAR PATRON COST THIS ATTORNEY HIS LICENSE (AND COST THE OTHER GUY HIS EYE)

Matter of Gary R. DeFilippo Second Dept. Admitted to Bar: 2001 Discipline imposed: Automatic disbarment because of conviction of felony

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn Queens Bronx; Bronx accident lawyer)

This lawyer was employed as a Richmond County (Staten Island) District Attorney. At the South Shore Country Club - a fancy catering hall and night spot in Staten Island, New York - he smashed a glass into the left eye of fellow reveler Mitchell Miller; no accident. Miller's eye was so badly damaged that it was later removed.

To avoid the appearance of a conflict of interest because attorney DeFilippo used to work there, the Staten Island D.A. passed the case to Brooklyn, and it was prosecuted by Brooklyn assistant district attorneys. DeFilippo claimed at trial that he acted in self defense, but the jury wasn't buying.

On November 14, 2008, lawyer DeFilippo was convicted of second degree assault, a Class D felony. Before DeFilippo's sentencing, Miller read a victim's impact statement to the court, where he told how being hurt by DeFilippo had ruined his health. On March 5, 2009 DeFilippo was sentenced to 3½ years in jail. Almost a gift, because he could have received up to 25 years. He was also hit with an eleven year order of protection and two years of post-release parole supervision.

On September 22, 2009 New York's Appellate Division, Second Department, confirmed the obvious. The Court held (in part) that, "By virtue of his felony conviction, the [lawyer DeFilippo] ceased to be an attorney and counselor-at-law pursuant to Judiciary Law § 90(4)(a) and was automatically disbarred effective November 14, 2008."