BUFFALO, N.Y. — The New York State Commission on Judicial Conduct has recommended that Acting State Supreme Court Judge Mark Grisanti be censured after a widely publicized brawl in 2020 and for participating in cases with an attorney he had an ongoing financial relationship with.
Six members of the Commission voted to censure Grisanti and four voted to remove him. One member abstained from voting having been appointed to the Commission after the case was heard.
Grisanti has been serving as a 'holdover' or Acting Judge since his term expired on July 31, 2023. He was appointed to the bench in 2015 by former Governor Andrew Cuomo.
According to the rules that govern judicial conduct, Grisanti may be barred from serving as an Acting Supreme Court Judge for two years as a result of being censured.
A judge may either accept the Commission’s determination or, within 30 days, make a written request to the Chief Judge for a review of the determination.
In a statement, Commission Administrator Robert Tembeckjian said in part: “Public confidence in the judiciary is seriously damaged when, among other things, a judge engages in a street brawl, shoves an officer and is handcuffed, and makes remunerative appointments and otherwise handles cases involving a lawyer who owes him money."
“I hope Judge Grisanti appreciates how close he came to being removed, and that his future conduct will exemplify the integrity and dignity required of his high office," Tembeckjian added.
Back in October 2020, body camera video surfaced of Judge Grisanti shoving a Buffalo Police Officer during a dispute with a neighbor in June.
The Buffalo News has reported that the dispute was over a parked car allegedly blocking part of Grisanti's driveway in North Buffalo. In the video, you can see Grisanti wearing a ripped t-shirt, swearing at police, and shoving an officer who was trying to detain his wife. Another officer then grabs Grisanti, who repeatedly tells the officer his son and daughter are police.
The Erie County District Attorney's Office said after reviewing the incident involving the Grisanti family and their neighbors, they determined that no criminal charges would be filed.
The officer involved reportedly didn't want to press charges citing personal discretion.
Grisanti later recused himself from cases involving the Buffalo Police Department after the body camera video was publicized.
The Commission noted that the brawl was not enough to justify removal from the bench but when combined with Judge Grisanti's participation in cases with an attorney he had an ongoing financial relationship with, four felt it was.
Their report revealed new details about Judge Grisanti taking judicial action in eight cases involving the attorney who bought Grisanti's law practice when he became a judge.
Grisanti was receiving installment payments from Peter Pecoraco and Matthew Lazroe but according to the Commission's findings failed to disclose their relationship in those cases.
Judge Grisanti was served a written complaint by the Commission in August 2021 and hearings were held through June and July 2022. Oral arguments then took place in September 2023.
Since 1978 the Commission has issued 351 determinations of censure against judges in New York State.
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