In the Matter of Sheila Callahan O'Donnell, admitted as Sheila Callahan, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Sheila Callahan O'Donnell, respondent. (Attorney Registration No. 1428812)
pursuant to 22 NYCRR 1240.10 by Sheila Callahan
O'Donnell, who was admitted to the Bar at a term of the
Appellate Division of the Supreme Court in the Second
Judicial Department on February 16, 1977, under the name
Sheila Callahan, to resign as an attorney and
counselor-at-law. By decision and order on motion of this
Court dated May 9, 2017, inter alia, the investigation of the
Grievance Committee for the Tenth Judicial District was
stayed pending the respondent's participation in a
diversion program pursuant to 22 NYCRR 1240.11(a).
Catherine A. Sheridan, Hauppauge, NY (Michele Filosa of
counsel), for petitioner.
Scalise & Hamilton P.C., Scarsdale, NY (Deborah A.
Scalise of counsel), for respondent.
D. SCHEINKMAN, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK
C. DILLON VALERIE BRATHWAITE NELSON, JJ.
OPINION & ORDER
respondent, Sheila Callahan O'Donnell, has submitted an
affidavit sworn to on July 31, 2019, in support of her
application to resign as an attorney and counselor-at-law
(see 22 NYCRR 1240.10).
respondent acknowledges in her affidavit that she is the
subject of an investigation conducted by the Grievance
Committee for the Tenth Judicial District into allegations of
professional misconduct as follows: that an investigation was
commenced due to allegations that she had a substance abuse
problem, but the investigation was stayed pending her
participation in a diversion program; that she was arrested
and charged with driving while intoxicated, in violation of
New York Vehicle and Traffic Law § 1192(3), on September
20, 2016, and December 13, 2016, respectively; that on
September 25, 2017, before the Honorable Jude T. Martini of
the Newburgh Town Court, Orange County, she pleaded guilty to
the charges and was placed on probation; that she violated
her probation; and that on January 28, 2019, she was
sentenced, inter alia, to 75 days' incarceration. The
respondent attests that she cannot successfully defend
against the allegations based upon the facts and
circumstances of her above described professional misconduct.
respondent acknowledges that her resignation is freely and
voluntarily tendered, without coercion or duress by anyone,
with full awareness of the consequences, including that the
Court's acceptance and approval shall result in the entry
of an order of disbarment striking her name from the roll of
attorneys and counselors-at-law.
respondent attests that the investigation does not include
allegations that she willfully misappropriated or misapplied
money or property in the practice of law.
respondent acknowledges that her resignation is submitted
subject to any future application that may be made by a
Grievance Committee to any Department of the Appellate
Division for an order, pursuant to Judiciary Law §
90(6-a), directing that she make restitution or reimburse the
Lawyers' Fund for Client Protection, and that she
consents to the continuing jurisdiction of the Appellate
Division to make such an order.
addition, the respondent acknowledges and agrees that,
pending the issuance of an order accepting her resignation,
she shall not undertake to represent any new clients or
accept any retainers for future legal services to be
rendered, and that there will be no transactional activity in
any fiduciary account to which she has access, other than for
the payment of funds held therein on behalf of clients or
others entitled to receive them.
the respondent acknowledges that in the event that the Court
accepts her resignation, the order resulting therefrom and
the records and documents filed in relation to the
aforementioned allegations, including the affidavits, shall