In re Chiariello

Appellate Division of the Supreme Court of New York

In re Chiariello

13 A.D.2d 1003, 218 N.Y.S.2d 947, 1961 N.Y. App. Div. LEXIS 10111

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

DecidedJune 19, 1961

StatusPublished

This text of 13 A.D.2d 1003 (In re Chiariello) 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 Chiariello, 13 A.D.2d 1003, 218 N.Y.S.2d 947, 1961 N.Y. App. Div. LEXIS 10111 (N.Y. Ct. App. 1961).

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Opinion

In a proceeding under section 90 of the Judiciary Law, to discipline respondent, an attorney, motion by petitioner to confirm the Special Referee’s report, recommending disbarment, granted; report confirmed, respondent disbarred and his name stricken from the roll of attorneys. Nolan, P. J., Ughetta, Christ and Brennan, JJ., concur; Pette, J., dissents and votes to confirm the report to the extent of suspending respondent for three years, with the following memorandum: Under all the circumstances, particularly respondent’s excellent beckground, his youth and inexperience at the Bar, and the unsettled state of the law with respect to an attorney’s right to plead the Fifth Amendment at the time he testified, I believe that the drastic punishment of disbarment is unwarranted and that a suspension of three years would better serve the ends of justice.

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In a proceeding under section 90 of the Judiciary Law, to discipline respondent, an attorney, motion by petitioner to confirm the Special Referee’s report, recommending disbarment, granted; report confirmed, respondent disbarred and his name stricken from the roll of attorneys. Nolan, P. J., Ughetta, Christ and Brennan, JJ., concur; Pette, J., dissents and votes to confirm the report to the extent of suspending respondent for three years, with the following memorandum: Under all the circumstances, particularly respondent’s excellent beckground, his youth and inexperience at the Bar, and the unsettled state of the law with respect to an attorney’s right to plead the Fifth Amendment at the time he testified, I believe that the drastic punishment of disbarment is unwarranted and that a suspension of three years would better serve the ends of justice.

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Bluebook (online)

13 A.D.2d 1003, 218 N.Y.S.2d 947, 1961 N.Y. App. Div. LEXIS 10111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-chiariello-nyappdiv-1961.