In the Matter of Philip P. Dondi, an Attorney, Grievance Committee for the Second and Eleventh Judicial Districts

Summary

The New York Court of Appeals reversed the Appellate Division’s order and dismissed the disciplinary complaint against attorney Philip P. Dondi, holding that the Grievance Committee lacked standing to seek unsealing of sealed criminal records and that the Appellate Division lacked authority to order such unsealing without a proper showing of necessity. The Court found the improper access violated Dondi’s due‑process rights and, given the nine‑year delay, warranted dismissal with prejudice. Judge Simons dissented, arguing the error was harmless and would affirm the disciplinary proceeding.