The New York State Commission on Judicial Conduct has determined that Mark J. Grisanti, a Judge of the Court of Claims and an Acting Justice of the Supreme Court, Erie County, should be censured for engaging in a street brawl with his neighbors, and for participating in cases involving an attorney with whom he had an ongoing financial relationship.
The Commission’s Administrator had recommended that Judge Grisanti be removed from office.
Six Commission members voted for censure, and four voted to remove the judge.
June 2020 Altercation
On June 22, 2020, Judge Grisanti instigated a verbal and physical altercation with a neighbor and his wife over a parking spot. Upon seeing the neighbors’ car parked near his own driveway, Judge Grisanti called 911.
Before Buffalo police officers arrived, both Judge Grisanti and his wife confronted and yelled profanities at the neighbors, who responded in kind. During their confrontation, the parties came into rough physical contact with one another.
Upon arriving at the scene, two police officers captured the ensuing events on body cameras. After one officer grabbed Mrs. Grisanti and brought her to the ground attempting to handcuff her, Judge Grisanti shoved him and yelled, “you arrest my f****** wife…you’re going to be sorry,” and “my son…and my daughter are…both police officers.”
Judge Grisanti himself was handcuffed and placed in a police car at the scene and continued to drop the names of high-ranking police officials and the Mayor of Buffalo.
Participating in Matters Involving a Lawyer Who Owed Him Money
On becoming a full-time judge in May 2015, Judge Grisanti sold his law practice for $50,000 to Peter J. Pecoraro and Matthew A. Lazroe, who put $15,000 down and began making monthly payments of $730 to satisfy the balance.
Nevertheless, Judge Grisanti took judicial action in eight cases involving Mr. Lazroe, either during the time he was receiving the installment payments, or in the two-year period following the last payment. Among other things, Judge Grisanti awarded remunerative case assignments to Mr. Lazroe, did not disclose their relationship on the record of those cases, and failed to report the income earned from the sale on his 2015 Financial Disclosure Statement.
In censuring Judge Grisanti, the Commission stated that:
Although we consider [Judge Grisanti’s] misconduct on June 22, 2020 to be very serious and he displayed especially poor judgment that day, we do not find that removal from judicial office is warranted for this single incident particularly since it occurred in the context of a longstanding dispute between the entire neighborhood and the [neighbors], and involved a legitimate concern by respondent for the physical wellbeing of his wife as she was being taken to the ground by a police officer. The Commission also considered several mitigating factors, including that the judge has been attending counseling since the incident.
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