State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: December 10, 2015 D-89-15 

____________________________________

In the Matter of MADELINE

SHEILA GALVIN, an Attorney.

COMMITTEE ON PROFESSIONAL MEMORANDUM AND ORDER

STANDARDS, ON MOTION

Petitioner;

MADELINE SHEILA GALVIN,

Respondent.

(Attorney Registration No. 1319680)

____________________________________

Calendar Date: November 2, 2015

Before: McCarthy, J.P., Garry, Rose, Devine and Clark, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Sarah A. Richards of counsel), for petitioner.

Corrigan, McCoy & Bush, PLLC, Rensselaer (Scott W. Bush of

counsel), for respondent.

__________

Per Curiam.

Respondent was admitted to practice by this Court in 1974,

and currently maintains an office for the practice of law in the

Town of Bethlehem, Albany County.

By decision and order entered September 22, 2011, this

Court suspended respondent from the practice of law for a period

of two years, but stayed the suspension on certain conditions,

including that respondent, among other things, complete an

additional six credit hours of accredited continuing legal

education (hereinafter CLE) in ethics and professionalism (87
-2- D-89-15 

AD3d 1223, 1224 [2011]).1 The order further provided that any

application by respondent to terminate the stayed suspension be

accompanied by proof that she passed the Multistate Professional

Responsibility Examination (hereinafter MPRE) "during the next

two years" (id. at 1224)

Petitioner now moves for an order vacating the stay of

respondent's suspension and suspending her from the practice of

law based upon her failure to timely complete all conditions

required by this Court's order, as well as her failure to herself 

move to terminate the stayed suspension. Respondent opposes the

motion, explaining that physical and cognitive injuries sustained

in a July 2012 motor vehicle accident have prevented her from

taking and passing the MPRE at this time so that she could

successfully seek to end the stayed suspension.2 Notably,

respondent has submitted an uncontradicted affidavit from her

treating physician indicating that the "significant symptoms"

from her back injuries and postconcussive syndrome currently

prevent her from sitting down for an examination at this time,

even with significant accommodations.

Under these circumstances, we deny petitioner's motion. 

However, in the interest of justice and with due regard to our

responsibility to protect the public, deter similar

misconduct and preserve the reputation of the bar, we extend

respondent's stayed suspension for a period of one additional

year, effective upon entry of this order (see generally Matter of

1 The order also referenced sustained charges of

professional misconduct against respondent's husband and law

partner, James E. Morgan, which are not at issue herein. 

Notably, by order entered May 8, 2014, this Court suspended

Morgan from the practice of law for a period of one year (Matter

of Morgan, 117 AD3d 1230 [2014]).

2 Assuming arguendo that petitioner correctly alleges that

respondent's May 2014 completion of her additional CLE

requirements was untimely, we will disregard any failure in that

regard given the undisputed proof regarding respondent's health

difficulties during the relevant time.
-3- D-89-15 

Mendelson, 46 AD3d 1212, 1213 [2007]). This stayed suspension is

upon the conditions that, during the period of the extended

stayed suspension, respondent comply with the statutes and rules

regulating attorney conduct, not be the subject of any further

action, proceeding or application for discipline or sanctions in

any court, and take pass the MPRE. Should respondent be the

subject of any further disciplinary action during the period of

her stayed suspension or fail to complete the MPRE requirement

imposed herein, petitioner shall be entitled to move for an order

lifting the stay. If, upon expiration of the one-year

suspension, the stay issued herein remains in effect, respondent

shall apply to this Court for termination of the stayed

suspension. Any such application must include proof of

respondent's successful completion of the MPRE requirement

imposed herein and must be served upon petitioner, which may be

heard thereon. Failure to timely move for termination of the

stayed suspension upon expiration thereof may constitute a

violation of the conditions imposed herein.

McCarthy, J.P., Garry, Rose, Devine and Clark, JJ., concur.

ORDERED that petitioner's motion is denied; and it is

further

ORDERED that respondent's suspension from the practice of

law is continued for a period of one year and until further order

of this Court, effective immediately, which suspension is

continued to be stayed upon the terms and conditions set forth in

this Court's decision.

ENTER:

Robert D. Mayberger

Clerk of the Court