May 14, 2021


equality opinion

Justices suspend Bethlehem law firm they say disregarded civil probe

ALBANY – Appellate justices in Albany on Thursday indefinitely suspended a Bethlehem legal professional from practising regulation, saying he unsuccessful to cooperate with a watchdog committee’s investigation into a client’s complaint.

Roy Nestler, a attorney working towards given that 2001 who labored in legal and civil legislation, unsuccessful to present financial institution statements requested by a grievance committee that examines complaints towards attorneys, the ruling reported.

The grievance committee is an arm of the Appellate Division of point out Supreme Court’s Third Division, which imposed the suspension.

Nestler,  a graduate of Western New England University of Law whose organization is titled Nestler & Gibson, was represented by Rensselaer lawyer Scott W. Bush. Nestler argued that he was cooperative and need to not be suspended. But appellate justices claimed Nestler, even with recurring requests, supplied the grievance committee only one of 4 merchandise it requested because November.

The decision stated the grievance committee experienced demanded to see “certain bank statements in excess of a 17-thirty day period period that (Nestler) is demanded to preserve.” It claimed despite Nestler’s obvious acknowledgement that he had all but two of the asked for lender statements, none have been provided to the grievance committee. It explained Nestler also has not supplied two other products of details sought by the grievance committee.

Presiding Justice Elizabeth Garry and Justices Sharon Aarons, Stanley Pritzker, Molly Reynolds Fitzgerald and John Colangelo imposed Nestler’s  indefinite suspension “pending his full cooperation and compliance with the investigation,” such as all the requested documents. 

The justices reminded Nestler he has an affirmative obligation to respond or look for further more investigatory or disciplinary proceedings just before the committee in 6 months – and that failing to do so could direct to his disbarment.

Nestler, among the other cases, dealt with the attractiveness for Nicholas Eugene Pryor, who was convicted of the Nov. 8, 1997, murder of 22-yr-aged Sage School nursing student Jenna Grieshaber, whose situation encouraged “Jenna’s Legislation,” which eliminated parole for to start with-time violent offenders. 

Neither Nestler nor his legal professional could be achieved for rapid remark.