Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Helen E. Freedman,Justice Presiding, Rosalyn H. Richter Sheila Abdus-Salaam Sallie Manzanet-Daniels Nelson S. Roman,Justices.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, Ted W. Gallagher, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on July 18, 2003.
Respondent Ted W. Gallagher was admitted to the practice of law in the State of New York by the First Judicial Department on July 18, 2003. At all times relevant to this proceeding, respondent's business address listed with OCA was located within the First Judicial Department.
On or about June 19, 2009, respondent was charged in a felony complaint filed in Criminal Court, New York County with, inter alia, two counts of grand larceny in the fourth degree in violation of Penal Law § 155.30(1), based upon shoplifting goods with a value totaling approximately $2,500, on two separate occasions, from Bergdorf Goodman in Manhattan.
On May 20, 2010, respondent was convicted, upon his plea of guilty, of one count of petit larceny in violation of Penal Law § 155.25, a class A misdemeanor. On that same date, respondent was sentenced to a one-year conditional discharge, requiring him to continue in weekly psychotherapy sessions for a period of one year.
By unpublished order of this Court entered September 23, 2011, this Court deemed respondent's petit larceny misdemeanor conviction a "serious crime" and remanded the matter to the Departmental Disciplinary Committee for a sanction hearing pursuant to Judiciary Law § 90(4)(d) and (g).
At the hearing, held on November 14, 2011, respondent testified on his own behalf, and called his treating psychologist, Jonathan Wormhouldt, and a character witness. He also introduced documentary evidence which included character letters. Respondent admitted to eight acts of adult shoplifting. These included art gallery thefts which were either not prosecuted or for which he pled guilty to disorderly conduct (Penal Law § 240.20) and received an unconditional discharge on May 20, 2010 at the time of the Bergdorf petit larceny plea. In March 2011, he received an ACD and ten days of community service, having been arrested for stealing an item from Key Food in January 2011. At the hearing, he admitted to two prior thefts from that store.
Respondent, who at the time of the hearing was 53-years-old, graduated from college in 1981 and obtained a master's degree in public policy from in 1989. After obtaining his undergraduate degree, respondent worked for various New York City agencies and came to work for the Department of Housing Preservation and Development (HPD), his current employer. He testified that although he wanted to attend law school after receiving his master's degree, health issues prevented his attending law school earlier, but he began attending Brooklyn Law School at night, graduating in May 2002. Respondent currently works in an intergovernmental unit of the HPD where his primary ...