The New York State Commission on Judicial Conduct announced that Mark A. DiVietro, a Justice of the Owasco Town Court in Cayuga County resigned while under investigation by the Commission for harassment of two women and for engaging in unauthorized ex parte communications with the defendant and others in an unrelated matter.
Judge DiVietro, who left office on March 15, agreed never to seek or accept judicial office at any time in the future.
The Commission accepted a stipulation to that effect signed by the judge and the Commission’s Administrator and closed its investigation.
Judge DiVietro, who is not an attorney, had been a Justice of the Owasco Town Court since 2011. His current term would have expired on December 31, 2022.
Commission Administrator Robert Tembeckjian responded with a comment about the resignation. “There is no place in our courts for a judge who engages in threatening, harassing and sexually demeaning behavior toward anyone. The allegations against Judge DiVietro were serious, and after the Commission investigated, he chose to resign from the bench permanently rather than face a formal removal proceeding,” he said.
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