In re First

Appellate Division of the Supreme Court of New York

In re First

265 A.D. 710, 40 N.Y.S.2d 622, 1943 N.Y. App. Div. LEXIS 6393

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

DecidedApril 9, 1943

StatusPublished

This text of 265 A.D. 710 (In re First) 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 First, 265 A.D. 710, 40 N.Y.S.2d 622, 1943 N.Y. App. Div. LEXIS 6393 (N.Y. Ct. App. 1943).

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Opinion

Per Curiam.

An official referee has reported that charges of professional misconduct against the respondent have been sustained by the petitioner. On May 8, 1942, the respondent was suspended from practice for a period of three months. (264 App. Div. 105.) At the expiration of that suspension he was not reinstated because of the present charges. The record now before the court discloses that extenuating circumstances exist. In addition, no one has sustained any loss, monetary or otherwise, as a result of the respondent’s acts. These facts warrant the conclusion that the suspension of eleven months already imposed on the respondent is sufficient punishment.

Respondent may apply for reinstatement upon proof of his compliance with the conditions incorporated in the order of May 8, 1942, and that he has since satisfactorily conducted himself.

Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ., concur.

So ordered. [See 266 App. Div. 768.]

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Per Curiam.

An official referee has reported that charges of professional misconduct against the respondent have been sustained by the petitioner. On May 8, 1942, the respondent was suspended from practice for a period of three months. (264 App. Div. 105.) At the expiration of that suspension he was not reinstated because of the present charges. The record now before the court discloses that extenuating circumstances exist. In addition, no one has sustained any loss, monetary or otherwise, as a result of the respondent’s acts. These facts warrant the conclusion that the suspension of eleven months already imposed on the respondent is sufficient punishment.

Respondent may apply for reinstatement upon proof of his compliance with the conditions incorporated in the order of May 8, 1942, and that he has since satisfactorily conducted himself.

Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ., concur.

So ordered. [See 266 App. Div. 768.]

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265 A.D. 710, 40 N.Y.S.2d 622, 1943 N.Y. App. Div. LEXIS 6393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-first-nyappdiv-1943.

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