The Appellate Division of the Supreme Court of the State of New York has reinstated attorney Kathleen Mary DalCortivo, who had been suspended since October 2021. This decision, made on May 28, 2026, affects DalCortivo's ability to practice law and signifies her compliance with the court's requirements for reinstatement.
The ruling is significant because it highlights the court's process for evaluating attorneys who have faced disciplinary actions. It also underscores the importance of maintaining professional standards within the legal community.
Background
Kathleen Mary DalCortivo, an attorney registered under number 5076351, was suspended from practicing law in October 2021 due to violations of Judiciary Law § 468-a. The Attorney Grievance Committee for the Third Judicial Department initiated the proceedings against her. Following her suspension, DalCortivo filed a motion seeking reinstatement, which led to the recent court decision.
The suspension was a result of findings that raised concerns about DalCortivo's professional conduct. The court's decision to suspend her was aimed at protecting the integrity of the legal profession and ensuring that attorneys adhere to the necessary ethical standards. After serving her suspension, DalCortivo sought to return to her practice, prompting the court to reassess her qualifications.
The Ruling
The court ruled in favor of DalCortivo's motion for reinstatement, stating that she had met the necessary requirements for returning to the practice of law. The court noted that it had determined, by clear and convincing evidence, that she satisfied several key criteria. Specifically, the court found that she had complied with the order of suspension, demonstrated the requisite character and fitness to practice law, and that reinstatement would serve the public interest.
The court stated, "it would be in the public interest to reinstate respondent to the practice of law."
The decision was made by a panel of judges, including Reynolds Fitzgerald, Ceresia, Powers, Corcoran, and Ryba, all of whom concurred with the ruling. Their agreement indicates a strong consensus regarding DalCortivo's readiness to re-enter the legal field.
Impact
This ruling has significant implications for DalCortivo's career and the legal community at large. By reinstating her, the court reaffirms the principle that attorneys who have faced disciplinary actions can rehabilitate and return to practice, provided they demonstrate compliance with legal and ethical standards.
The decision may also influence how other attorneys view the reinstatement process. It highlights the importance of adhering to court orders and maintaining ethical conduct, as well as the possibility of redemption within the legal profession. This case sets a precedent for future cases involving attorney reinstatement after suspension.
What's Next
DalCortivo is now reinstated and can resume her practice of law immediately. There is no indication in the court filing that an appeal is pending or that there are related cases. However, the Attorney Grievance Committee will likely continue to monitor her compliance with legal standards moving forward.