Denenberg suspended due to criminal conviction

[Where's the Outrage]

Decided on August 17, 2006

SUPREME COURT, APPELLATE DIVISION
First Judicial Department
Peter Tom,Justice Presiding,
Angela M. Mazzarelli
Richard T. Andrias
Eugene Nardelli
John W. Sweeny, Jr.,Justices.
M-1181


[*1]In the Matter of David W. Denenberg (admitted as David Warren Denenberg), an attorney and counselor-at-law: Departmental Disciplinary Committee for the First Judicial Department, Petitioner, David W. Denenberg, Respondent.



Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, as David Warren Denenberg, was admitted to the Bar of the State of New York at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on December 14, 1988. Thomas J. Cahill, Chief Counsel, Departmental Disciplinary Committee, New York


(Raymond Vallejo, of counsel), for petitioner.
Richard M. Maltz, Esq., for respondent.



Per Curiam [*2]

Respondent David W. Denenberg was admitted to the practice of law in New York by the Second Judicial Department on December 14, 1988 as David Warren Denenberg. At all times [*3]relevant herein, respondent has maintained an office for the practice of law within the First Judicial Department.

On January 11, 2005 in Nassau County District Court, respondent entered a guilty plea in satisfaction of a misdemeanor complaint charging him with misconduct in relation to nominating petitions in violation of Election Law § 17-122(7), upon conviction for which respondent was sentenced to a conditional discharge and directed to pay surcharges totaling $160. Previously, this Court deemed the offense to be a "serious crime" within the contemplation of Judiciary Law § 90(4)(d) and referred the matter directly to a Hearing Panel to conduct a sanction hearing (Judiciary Law § 90[4][g], 22 NYCRR 603.12[a]).

Prior to the hearing, the parties stipulated that respondent, while running for re-election as a Nassau County Legislator, violated Election Law § 17-122(7)[FN1] by "stating falsely that signatures contained [in nominating petition #12] were signed in his presence by the named individuals, when in fact, [those] individuals had not signed their names to the petition in his presence nor had they signed this petition at all." The District Attorney had alleged that approximately 25% of the signatures found to be invalid were obtained from a member of the same household and that the remainder were forged by someone unrelated to the purported signatory.

Respondent did not contest these assertions but denied any knowledge of, or participation in, the forgeries. At his plea allocution before District Court, respondent stated that he had "attested to signatures" on a petition that contained invalid signatures and had been "careless," asserting that he would "never let this happen again." Before the Hearing Panel, respondent explained that after voters signed the petition in his presence, the sheets were sent to party headquarters, where any missing information was filled in, and then returned to him for verification of the signatures. Respondent stated that it did not occur to him to compare the signatures on the petitions returned to him to verify that entries were not duplicated or entered in the same handwriting. Respondent fully appreciated that his signed verification statement was equivalent to an affidavit, subject to the same penalties as if duly sworn.

Respondent has a long history of public service. The Hearing Panel received character evidence, described as "far ranging, voluminous and of significant weight," attesting to his "tireless efforts on behalf of his community and the well being of his neighborhood and constituents." With respect to the sanction to be imposed, the Nassau County District Attorney asked that respondent be allowed to continue to practice law. Noting respondent's previously [*4]unblemished record, the nature of his office and the impressive character evidence, the Panel [*5]recommended public censure.

The Committee now seeks an order confirming the Hearing Panel's findings of fact, conclusions of law and sanction recommendation. The Committee notes that although this Court has not ruled on a similar Election Law violation, censure is consistent with penalties imposed for similar misconduct (see Matter of Talmadge, 244 AD2d 54 [1998] [public censure for attempted misconduct in relation to petitions]). Although respondent attributes his actions to carelessness, the Committee argues that respondent must ultimately accept responsibility for his criminal conduct.

While respondent's misconduct may be the result of carelessness, it remains that he was convicted of violating Election Law § 17-122(7), for which suspension is the appropriate sanction (see Matter of Panepinto, 290 AD2d 66 [2001] [30-day suspension imposed on attorney with unblemished record]; see also Matter of Kihl, 103 AD2d 393 [1984] [one-year suspension imposed on attorney with previous private censure]).

Accordingly, the Committee's motion should be granted to the extent indicated and disaffirmed with respect to the recommended sanction of public censure and respondent suspended from the practice of law in the State of New York for 90 days.
All concur.
Order filed. (August 17, 2006)

here's the outrage...those goddamned Republicans better leave Dave alone. We know they set him up. Good riddance to Denis Dillon, he got what was due him. Dave Denenberg is STRONG. He fights for his district. He is the hardest working Legislator we have.

again, Republicans leave him alone!!!!

How is it a republican issue - he commited a crime - he is a criminal. The republicans did not force him to commit election fraud. His actions display a gross arrogance all too common in politicians - He should stop disgracing all politicians and step down.

Denenberg is physcologically unfit to hold public office. This goes beyond political enimies who hate him. The guy is emotionally unstable. It's scary that he continues to get elected.

[Dennis DA]

Deneberg was, is and will always be corrupt. He should be removed from office just as anyone that violates the law should.

[lost dog]

Well Denenberg finally gets a slap on the wrist, it is long over due. This guy is psycho!!!

[No Dignity]

This guy ain't going to resign. He lives for the political notoriety, that's why he did it in the first place-and bragged about it. Of course the waco's at Dem HQ's won't do a thing, too busy helping Suozzi go nowhere.
Verbal abuse and physical abuse to family and co-workers is the thing that will eventually end his career as he goes kicking and screaming.
Bye Dave!

[lost dog]

This couldn't have happened to a better guy, he deserves more of a punishment than he got. He claims he is innocent but that is an out and out lie. I feel sorry for his family they have to live with this abuser.

What about Tom Gulotta not reading the Executive Summary for the County Health Plan that cost taxpayers 43 million. Half a idiot would have realized Ernst & Young said stay with the plan you have, it will save you money than going with BPA. If anybody got away with cheating taxpayers, it was good 'ol Tom Gulotta. After the convictions, all we got back was 7 million.

Too bad his new address is the United Nations, thanks to Gov. Pataki. His new home should have 10 years of hard labor at the Attica Correctional Facility.

Want him out? Distribute a copy of the Newsday article with a recall petition. Is anyone out there willing to work to win for a change? The only reason this idiot is still in office is due to GOP laziness.

Guess we know why he didn't run for Congress now, don't we?

Mejias next?

How is it a republican issue - he commited a crime - he is a criminal. The republicans did not force him to commit election fraud. His actions display a gross arrogance all too common in politicians - He should stop disgracing all politicians and step down.

So what will happen to Erin King Sweeney, the forger?

How is it a republican issue - he commited a crime - he is a criminal. The republicans did not force him to commit election fraud. His actions display a gross arrogance all too common in politicians - He should stop disgracing all politicians and step down.

So what will happen to Erin King Sweeney, the forger?

She'll be elected to the county leg next year.

[Michael P. Druthers]

This guy ain't going to resign. He lives for the political notoriety, that's why he did it in the first place-and bragged about it. Of course the waco's at Dem HQ's won't do a thing, too busy helping Suozzi go nowhere.
Verbal abuse and physical abuse to family and co-workers is the thing that will eventually end his career as he goes kicking and screaming.
Bye Dave!

Lord David W. Denenberg

Multifarious avenues of approach vie for attention as potential retorts to Lord David W. Denenberg's censorious, rebarbative vituperations. I begin with critical semantic clarifications. First, Lord Denenberg maintains that either his recommendations are our final line of defense against tyrrany or that he is a paragon of morality and wisdom. Lord Denenberg denies any other possibility. I find that some of his choices of words in his convictions would not have been mine. For example, I would have substituted "lubricious" for "transubstantiatively" and "disagreeable" for "galvanocauterization."

Unfortunately, Lord Denenberg's socially inept adages neglect to take one important factor into consideration: human nature. Given that Lord Denenberg does not play nice with others, it stands to reason that "Lord Denenberg" has now become part of my vocabulary. Whenever I see someone divert attention from Lord Denenberg's unprovoked aggression, I tell him or her to stop "Lord Denenberg-ing". Pardon me for not being able to empathize with insincere, oleaginous moochers, but all he really wants is to hang onto the perks he's getting from the system. That's all he really cares about.

We should summon up the courage to feed the starving, house the homeless, cure the sick, and still find wonder and awe in the sunrise and the moonlight and encourage others to do the same. (Goodness knows, our elected officials aren't going to.) In other words, if we don't wage war on Marxism right now, then Lord Denenberg's politics will soon start to metastasize until they glorify what I call insensitive David W. Denenberg clones.

Lord Denenberg's apostles portray themselves as fervent believers in freedom of speech and expression, but are loath to reveal that none of Lord Denenberg's "progressive" ideas have actually resulted in any progress. I put that observation into this letter just to let you see that Lord Denenberg finds reality too difficult to swallow. Or maybe it just gets lost between the sports and entertainment pages. In either case, if Lord Denenberg can't stand the heat, he should get out of the kitchen. Even though Lord Denenberg has aired his disapproval of being criticized, I still suspect that I am hurt, furious, and embarrassed. Why am I hurt? Because we must examine his worldview from the perspective of its axiology (values) and epistemology (ways of knowing). Our children depend on that.

Why am I furious? Because it takes more than a mass of shambolic shirkers to place blame where it belongs -- in the hands of Lord Denenberg and his conceited, ignominious chums. It takes a great many thoughtful and semi-thoughtful people who are willing to change the minds of those who lock people up for reading the "wrong" classes of books or listening to the "wrong" types of music. And why am I embarrassed? Because his modes of thought all stem from one, simple, faulty premise -- that he is as innocent as a newborn lamb. We must reveal the truth about Lord Denenberg's rodomontades. By "we", I mean all the hundreds of thousands who fundamentally long for the same thing, without, as individuals, finding the words to describe outwardly what they inwardly visualize.

In a nutshell, the blatant ignorance and social maladjustment of Lord David W. Denenberg's tractates will put our liberties at risk by a filthy and crafty rush to force square pegs into round holes within a short period of time.

[Futurer Office 4 Denenb]

Will never happens. He is now a member of the Pat Williams Hall of Shame.

[lost dog]

Hey Dave your sure can dish out the abuse, well how does it feel to finally get slapped back? You deserve this, you are not innocent and you know it.

[Polyps]

Agreed.

here's the outrage...those goddamned Republicans better leave Dave alone. We know they set him up. Good riddance to Denis Dillon, he got what was due him. Dave Denenberg is STRONG. He fights for his district. He is the hardest working Legislator we have.

again, Republicans leave him alone!!!!

Set him up...you are kidding right? An individual who is predisposed to commit a crime, when the opportunity warrants, will commit that crime. Very simple. If DD was innocent, he could have checked the petitions and refused to have them go forward with his signature (if you believe that story ....) or if the forgeries were done by him, he should have relaized his error and pulled them....

If he's out at his law firm too he'll probably have to take a job with Suozzi and resign as legislator.

Who does the GOP have that can win that district?

If he's out at his law firm too he'll probably have to take a job with Suozzi and resign as legislator.

Who does the GOP have that can win that district?

NO ONE

take this to the bank, Dave D is not out at the law firm hes associated with, and will continue to draw his salary, so to all you GOP DD haters give up and get a life. the 19th LD is DD country.

take this to the bank, Dave D is not out at the law firm hes associated with, and will continue to draw his salary, so to all you GOP DD haters give up and get a life. the 19th LD is DD country.

Thank you Dave....nice post. :twisted:

take this to the bank, Dave D is not out at the law firm hes associated with, and will continue to draw his salary, so to all you GOP DD haters give up and get a life. the 19th LD is DD country.
Take it to the bank? His law firm was a lot smarter than the voters and dropped him just before this news broke. He is now with the politcal firm of Davidoff, Malito. Check their website - he is listed as a registered attorney - how long before the grievance committee goes after them for false advertising.

take this to the bank, Dave D is not out at the law firm hes associated with, and will continue to draw his salary, so to all you GOP DD haters give up and get a life. the 19th LD is DD country.
Take it to the bank? His law firm was a lot smarter than the voters and dropped him just before this news broke. He is now with the politcal firm of Davidoff, Malito. Check their website - he is listed as a registered attorney - how long before the grievance committee goes after them for false advertising.

and you are an idiot. Denenberg is not suspended til mid September. False advertising. You are an ass. Get a life.

take this to the bank, Dave D is not out at the law firm hes associated with, and will continue to draw his salary, so to all you GOP DD haters give up and get a life. the 19th LD is DD country.
Take it to the bank? His law firm was a lot smarter than the voters and dropped him just before this news broke. He is now with the politcal firm of Davidoff, Malito. Check their website - he is listed as a registered attorney - how long before the grievance committee goes after them for false advertising.

This is the same law firm that Michael Zapson is associated with, check out there web site.

Dave D. was a partner in the Law firm of Gibbins, Del Deo, Dolan, Griffinger & Vaccione, he is now a partner with the law firm of Davidoff, Malito & Hutcher making a hell of a lot more,

Dave D was not let go by his former law firm before the newsw broke of his pending 3 month suspension , he left on his own way before with a better offer. The next time you DD haters open your mouth, get your stories streight.

The 19 L.D. is without any doubts DD country.

boy, pendbob never gives up. Didn't think the old boy could type!

boy, pendbob never gives up. Didn't think the old boy could type!

Sorry, wrong guy im just a resident living in the 19 L.D.

boy, pendbob never gives up. Didn't think the old boy could type!

Sorry, wrong guy im just a resident living in the 19 L.D.

Whoose name is..........Dave Deneberg....... :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

boy, pendbob never gives up. Didn't think the old boy could type!

Sorry, wrong guy im just a resident living in the 19 L.D.

Whoose name is..........Dave Deneberg....... :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol: :lol:

Wrong ass-hole

[Why??]

Saw DD campaigning at the Bellmore Fair this weekend. How does an elected official, with a criminal record, remain in office much less have the gall to continue to campaign?

He can do it because hes done it.

[Lost Dog]

DD campaign at Bellmore Festival? Of course, don't you know the rules are for everyone else but not for Dave, he is above that, Yeah right!!!! His arrogance continues.

[Dem for ever]

What about all the dirt The republicans have from cheating on their wives to back door pay offs. The just didnt get caught. Dave took his punishment but people will remember him because he has done alot for our town. Politics are Dirt and The Bellmore republicans are so corrupt. How bout the councilman making his neighbor Dave a town Board overseea man if Thats not a pay off then what is.Every town worker had to kiss Tonys ass for a Job More to come

[Dave all the way]

Just some sore loosers from the bellmore republican club. Be friends with Gary H and get a job on a zoning board. They should be down at weight watchers instead ha ha :) :) :) :) :) :) :) :) :)

[Love Thy Neighbor]

Gary got his pal a Job with the zoning board plus WHO will do a audit on where the money from the fair. these republicans are still fat and Lazy They cant take that Dave beat them in their own district. There isnt one republican who walks as much as dave. Theses bellmore people could not stop the voice of the people and if there is another race dave would win by more then ONE VOTE Give up and move on maybe charlie can make a comeback

[show me da Money]

There is a lot of Money from the Bellmore street fair. is it hidden Im not talkin a few hot dogs but the rides make tons of Money so where is it we need a independant accountant. Most people who were on the board got free food and free bracelets im sure . Put the Money back in beautification of the town. Great to be a American

[Zitay]

Just some sore loosers from the bellmore republican club. Be friends with Gary H and get a job on a zoning board. They should be down at weight watchers instead ha ha :) :) :) :) :) :) :) :) :)


No, I didn't write this! Dave's other whipping boy Gold did it!

[back stabbers]

I heard some of the people running the street used free food vouches to get food at their booth, Big dave W took advantage maybe

[Lost Dog]

News from the inside !!! Dave has lost yet another Legislative Aide? Gee how many is that now, can anyone even keep count? Maybe the County should start charging Dave for the cost to get these people processed into the system only to have them run screaming so quickly. Dave check yourself into South Oaks you desparately need help.

:lol:

[Bellmore homeowner]

I had my disagreements with Dave but I liked the fact that he was accessible. Over the last 4 years, he has failed to keep his word on several issues. Je just tells you what you want to hear.

He voted to increase taxes several times when he promised he would not.

He voted for set a side program based on race, ethnicity and sex in counrty contracts while claiming to oppose discrimination.

He voted for a domestic registry (which was defeated) giving spousal rights to homosexual couples while assuring consituants that his support of a homoseuxal rights bill in 2000 would not lead to what he just voted for.

The list goes on and on. He is nothing more than a crass politican who lies through his teeth.

[Bellmore republicans]

Another example of a Bellmore club Member. I do have to admit he will not hide under a rock. He accepted hispunishment .he will have to live with it but he did beat Rhodes in his own district. Now I hear Plenty of things are happening with the town councilman giving out zoning patronage Job. Well if you got gelt you can buy a piece of pie

Another example of a Bellmore club Member. I do have to admit he will not hide under a rock. He accepted hispunishment .he will have to live with it but he did beat Rhodes in his own district. Now I hear Plenty of things are happening with the town councilman giving out zoning patronage Job. Well if you got gelt you can buy a piece of pie

Huh?

Hey where's Terry Butler..how come she's not defending her boy DD here. I say fire her from her do nothing job at OTB if she can't come to his defense

[Poylps for Denenberg]

Accessible? Why he's home now for at least a few months..........................LOL

[Tommy Zitay]

Hey:

What do you have to do for Denne -B to get you hired at a highpaying do-nothing job in the County? Better yet, why do so many politicians have so many do-nothing jobs to give to buddies: BOE, OHIA, OTB, the Leg., OMA, CASA, etc.,etc.,etc.

No wonder why the government is going broke.

[DENENBERG A FOOL]

KICK HIS AS OUT OF POLITICS

bump

[Bellmore homeowner]

Its time to defeat Dennenberg with his horrible voting record. This guy needs to get another job, a real job.

[stud]

Hey, leave Terry B. out of it. What did she do?

It's her brother I'm more concerned about.

Talk about a low profile!

The Republican Party can use a guy like that again!

[Bellmore homeowner]

Her brother is doing a lot. Instead of talking, he is doing things behind the scene. Due to his efforts, maybe the Reps will finally act like Reps instead of confused daredowell liberals.