The Appellate Division of the Supreme Court of the State of New York has suspended attorney Gerard Martin Carey Jr. due to ongoing misconduct investigations. The court's decision, made on June 4, 2026, affects Carey, who has been unable to practice law since October 2023. This ruling highlights the importance of attorney compliance with registration and client communication obligations.

The suspension comes after Carey failed to respond to multiple requests from the Attorney Grievance Committee for the Third Judicial Department (AGC). His actions raised concerns about the potential threat to the public interest, especially regarding his handling of client funds.

Background

Gerard Martin Carey Jr. was admitted to practice law in New York in 1981 and has a business address in Kingston, Ulster County. In October 2023, the court suspended him for failing to meet his attorney registration obligations. This suspension was based on a previous ruling that found his conduct to be prejudicial to the administration of justice.

In February 2024, the AGC received a complaint against Carey for failing to communicate with a client regarding a criminal matter. The AGC's investigation revealed that Carey had not only failed to respond to their requests but also maintained an attorney escrow account during his suspension. The AGC's subsequent efforts to obtain information from Carey were met with further non-compliance, prompting them to seek a motion for his suspension during the ongoing investigation.

The Ruling

The court ruled in favor of the AGC's motion, stating, "Given the uncontroverted evidence of respondent's professional misconduct respecting the maintenance of his attorney escrow account and his failure to respond to AGC's lawful demands for information and records, we conclude that respondent has engaged in conduct that immediately threatens the public interest." The ruling was made by a panel of judges including Clark, J.P., Aarons, McShan, Powers, and Corcoran.

As a result of the ruling, Carey is suspended from practicing law until further notice. The court emphasized that he must comply with the Rules for Attorney Disciplinary Matters, which govern the conduct of suspended attorneys. The ruling also warned that failure to respond or appear for further proceedings within six months could lead to disbarment.

Impact

This decision underscores the importance of compliance with attorney registration and communication requirements. It serves as a reminder to attorneys that failure to adhere to these obligations can result in serious consequences, including suspension and potential disbarment. The ruling may also impact clients who have funds in Carey's escrow account, as it remains unclear to whom those funds belong.

The case sets a precedent for how the court handles attorney misconduct, particularly regarding the maintenance of client funds during a suspension. It reinforces the expectation that attorneys must be transparent and cooperative during investigations to protect the public interest.

What's Next

Carey has the option to appeal the ruling or request a postsuspension hearing within 20 days. The outcome of this case could influence future disciplinary actions against attorneys in similar situations.