This complaint is listed by Richard Garganta and goes as follows: Several years ago I hired my first attorney, Vito L. Sciolto for a real estate matter that I needed litigated. [Riley v Garganta] Att. Sciolto was also the first attorney I fired. Due to several factors, this case file is unavailable to me and I am submitting this complaint from memory. To be fair, Att. Sciolto may be a good "paper" attorney [i.e. wills, trusts, house sales etc.] but I did not find him to be a good court room or trial litigator or good at confrontational meetings like depositions. In fact, he did everything he could to avoid anything but "paper lawyering."
At a deposition, after clearly stating my position before starting, I had to remind Attorney Vito Sciolto who he was representing. Attorney Vito Sciolto was telling me he couldn't get court dates when all he had to do was schedule with the clerk. Att. Vito Sciolto filed a motion on the case and the Judge stated, "This isn't even a legal motion." I was in the courtroom without Att. Sciolto's knowledge. He had told me it wasn't important that I be there. When I called later to find out how the motion went, Att. Vito Sciolto did not inform me of the Judge's remarks preferring instead to go into a vague, lengthy explanation why the motion was rejected. It appeared to me that Att. Sciolto didn't really know how to handle a case like mine and was "winging it." Att. Sciolto lied so many times about court dates, when something would be done etc., I finally filed 2 or three complaints with the Supreme Court Disciplinary Board about this.
The answer came back,"We see no wrong doing." I recall in a telephone conversation with the Board, I was told by whoever was handling the call that, "attorneys lying to clients is considered in the gray area and we usually don't take any action on this type of complaint."
At another hearing when Attorney Vito Sciolto saw me in the courtroom, he made a point of mentioning my presence to the judge. As soon as the judge heard litigants were in the courtroom, the judge moved the hearing into chambers. Why, in a simple real estate case, did the proceedings have to be hidden from the litigants? Since Attorney Vito Sciolto had already filed a motion that wasn't legal, I wanted to see what was going on.
I finally fired Attorney Vito Sciolto for non-performance of duty.