State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: August 18, 2016 D-48-16 

___________________________________

In the Matter of GASPAR M.

CASTILLO, an Attorney. MEMORANDUM AND ORDER 

 ON MOTION 

(Attorney Registration No. 1701606)

___________________________________

Calendar Date: August 5, 2016

Before: Lahtinen, J.P., Garry, Rose, Clark and Mulvey, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Alison M. Coan of counsel), for Committee on Professional

Standards.

Dennis B. Schlenker, Albany, for Gaspar M. Castillo.

__________

Per Curiam.

Gaspar M. Castillo was admitted to practice by this Court

in 1981, but has been indefinitely suspended from the practice of

law on an interim basis by a June 9, 2016 order of this Court

(140 AD3d 1392 [2016]).

Previously, by order entered April 4, 2016, the United

States Court of Appeals for the Second Circuit publically

reprimanded Castillo and, among other things, barred him from

representing clients as a Criminal Justice Act panelist for a

period of two years based upon his neglect of two criminal

appeals assigned to him by that Court (Matter of Castillo, ___

Fed Appx ___, 2016 WL 1319359, 2016 US App LEXIS 6164 [2d Cir

2016]). The Committee on Professional Standards now moves, by

order to show cause returnable August 5, 2016, to impose

discipline upon Castillo as a result of the discipline imposed by
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the Second Circuit (see Rules of App Div, 3d Dept [22 NYCRR]

§ 806.19). Castillo responded to the Committee's motion,

admitted his misconduct and acknowledged that he does not possess

any available defenses (see Rules of App Div, 3d Dept [22 NYCRR]

§ 806.19 [d]); therefore, we grant the Committee's motion (see

Matter of Sommer, 130 AD3d 1359, 1360 [2015]). 

Turning to the issue of the appropriate disciplinary

sanction, we note the presence of aggravating factors, including,

among other things, the fact that Castillo was previously

disciplined by the Second Circuit for similar conduct in June

2014 and that, despite such admonishment, he continued to neglect

his clients' criminal appeals thereby potentially subjecting them

to severe prejudice, namely, having their appeals dismissed. 

Accordingly, under all the facts and circumstances presented, we

conclude that Castillo should be suspended from the practice of

law for a period of six months (see Matter of Morin, 131 AD3d

799, 799 [2015]; Matter of Flannery, 274 AD2d 940, 940 [2000]).

Lahtinen, J.P., Garry, Rose, Clark and Mulvey, JJ., concur.

ORDERED that the motion of the Committee on Professional

Standards is granted; and it is further

ORDERED that Gaspar M. Castillo is suspended from the

practice of law for a period of six months, effective

immediately, and until further order of this Court; and it is

further

ORDERED that, for the period of suspension, Gaspar M.

Castillo is commanded to continue to desist and refrain from the

practice of law in any form, either as principal or as agent,

clerk or employee of another; and Castillo is forbidden to appear

as an attorney or counselor-at-law before any court, judge,

justice, board, commission or other public authority, or to give

to another an opinion as to the law or its application, or any

advice in relation thereto; and it is further
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ORDERED that Gaspar M. Castillo shall comply with the

provisions of this Court's rules regulating the conduct of

suspended attorneys (see Rules of App Div, 3d Dept [22 NYCRR]

§ 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court