In re Adler

Appellate Division of the Supreme Court of New York

In re Adler

79 A.D.2d 741, 434 N.Y.S.2d 45, 1980 N.Y. App. Div. LEXIS 14145

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 8, 1980

StatusPublished

Cited by1 cases

This text of 79 A.D.2d 741 (In re Adler) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Adler, 79 A.D.2d 741, 434 N.Y.S.2d 45, 1980 N.Y. App. Div. LEXIS 14145 (N.Y. Ct. App. 1980).

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Opinion

Respondent was admitted to the Bar on December 7, 1959 by the Appellate Division, First Judicial Department. Petitioner moves to confirm the report of the Hearing Judge insofar as it sustained the charge that respondent disposed of personal property pledged as collateral for a loan contrary to the terms of a security agreement (Charge No. 1), and to disaffirm the report insofar as it refused to sustain the charge that respondent misled and deceived petitioner in its investigation in this matter (Charge No. 2). We conclude that the record supports the findings of the Hearing Judge in all respects. Accordingly, petitioner’s mo[742]*742tion is granted as to Charge No. 1 and denied as to Charge No. 2. In arriving at an appropriate measure of discipline, we have taken into consideration respondent’s prior unblemished record, as well as the fact that his misconduct arose out of a personal transaction and not from the practice of law. However, such misconduct does reflect on the reputation of the Bar. Under all the circumstances, we determine that respondent should be suspended from the practice of law for a period of three months and thereafter until further order of the court. Respondent suspended for a period of three months, the date of commencement to be fixed in the order to be entered hereon. Mahoney, P. J., Sweeney, Kane and Main, JJ., concur.

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Respondent was admitted to the Bar on December 7, 1959 by the Appellate Division, First Judicial Department. Petitioner moves to confirm the report of the Hearing Judge insofar as it sustained the charge that respondent disposed of personal property pledged as collateral for a loan contrary to the terms of a security agreement (Charge No. 1), and to disaffirm the report insofar as it refused to sustain the charge that respondent misled and deceived petitioner in its investigation in this matter (Charge No. 2). We conclude that the record supports the findings of the Hearing Judge in all respects. Accordingly, petitioner’s mo[742]*742tion is granted as to Charge No. 1 and denied as to Charge No. 2. In arriving at an appropriate measure of discipline, we have taken into consideration respondent’s prior unblemished record, as well as the fact that his misconduct arose out of a personal transaction and not from the practice of law. However, such misconduct does reflect on the reputation of the Bar. Under all the circumstances, we determine that respondent should be suspended from the practice of law for a period of three months and thereafter until further order of the court. Respondent suspended for a period of three months, the date of commencement to be fixed in the order to be entered hereon. Mahoney, P. J., Sweeney, Kane and Main, JJ., concur.

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Bluebook (online)

79 A.D.2d 741, 434 N.Y.S.2d 45, 1980 N.Y. App. Div. LEXIS 14145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adler-nyappdiv-1980.

Opinion

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