In re Ellenbogen

Appellate Division of the Supreme Court of New York

In re Ellenbogen

7 A.D.2d 390, 183 N.Y.S.2d 725, 1959 N.Y. App. Div. LEXIS 9447

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

DecidedMarch 24, 1959

StatusPublished

This text of 7 A.D.2d 390 (In re Ellenbogen) 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 Ellenbogen, 7 A.D.2d 390, 183 N.Y.S.2d 725, 1959 N.Y. App. Div. LEXIS 9447 (N.Y. Ct. App. 1959).

Pincite

Opinion

Per Curiam.

In this disciplinary proceeding, the respondent is charged with conversion and misuse of clients’ funds.

The evidence adduced amply establishes that the respondent wrongfully converted and misused trust assets, the proceeds of a sale of property, and the proceeds of the settlement of a negligence action. The evidence also discloses violations of at least three escrow agreements. Accordingly, the Referee’s report is confirmed and the respondent is found guilty of professional misconduct.

The respondent is presently under suspension for professional misconduct for similar charges of misuse of clients’ funds. (Matter of Ellenbogen, 3 A D 2d 237.) It has thus been demonstrated that the respondent by his irresponsibility in dealing with clients is not worthy of the trust to be accorded a member of the legal profession. Accordingly, the respondent should be disbarred from the practice of law.

Botein, P. J., Valente, McNally, Stevens and Bergan, JJ., concur.

Respondent disbarred.

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