2 officials from NYS Appellate Division 3rd Department (a deputy clerk and counsel for the chief judge Karen Peters) and 2 officials from that court's Committee for professional discipline (Monica Duffy, Samantha Holbrook) were members of the Commission, and thus, authored the Report and knew about its contents.
Parallel to the work of the commission I had two ongoing cases:
- Neroni v Zayas in the U.S. District Court in the Northern District of New York and
- my own disciplinary case which was
- started in the 3rd Department,
- removed to NDNY,
- remanded to the 3rd Department and
- transferred to the 4th Department, where it sits now
- clear and convincing evidence standard in disciplinary proceedings leading to private discipline (letter of education, caution, admonition);
- lower preponderance of the evidence standard for public discipline such as censure, suspension and disbarment (applied to my husband); and
- the back-to-clear and convincing evidence standard in license reinstatement proceedings
And, they fought tooth and claw in my husband's disciplinary case arguing to the court that the proper standard of proof is by preponderance of the evidence.