In re Glenning

Appellate Division of the Supreme Court of New York

In re Glenning

53 A.D.2d 978, 385 N.Y.S.2d 641, 1976 N.Y. App. Div. LEXIS 15776

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

DecidedJuly 15, 1976

StatusPublished

This text of 53 A.D.2d 978 (In re Glenning) 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 Glenning, 53 A.D.2d 978, 385 N.Y.S.2d 641, 1976 N.Y. App. Div. LEXIS 15776 (N.Y. Ct. App. 1976).

Pincite

Opinion

Respondent was admitted to the Bar by this court on June 27, 1949. Petitioner moves to confirm the report of the Referee which sustained six charges of professional misconduct against respondent consisting of his failure, as committee of an incompetent, to pay to the State of New York money due for the incompetent’s support and maintenance; failure • to file annual inventories of the incompetent’s estate; failure to co-operate in petitioner’s investigation of the matter; failure to comply with a subpoena duces tecum issued by this court resulting in an order adjudging respondent in contempt; and commingling and conversion of the incompetent’s funds. The record supports the Referee’s findings and the motion to confirm the Referee’s report is granted. While respondent appeared at the initial hearing before the Referee, he failed to appear at a subsequent hearing on the supplemental petition charging him with commingling and conversion. In addition, he did not file papers in opposition to petitioner’s motion to confirm the Referee’s report and, although given an opportunity to be heard on the question of punishment, he has not appeared before the court. In view of the seriousness of his misconduct and the lack of any evidence of extenuating circumstances, we conclude that respondent should be disbarred. Respondent disbarred. Greenblott, J. P., Sweeney, Kane, Main and Herlihy, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Respondent was admitted to the Bar by this court on June 27, 1949. Petitioner moves to confirm the report of the Referee which sustained six charges of professional misconduct against respondent consisting of his failure, as committee of an incompetent, to pay to the State of New York money due for the incompetent’s support and maintenance; failure • to file annual inventories of the incompetent’s estate; failure to co-operate in petitioner’s investigation of the matter; failure to comply with a subpoena duces tecum issued by this court resulting in an order adjudging respondent in contempt; and commingling and conversion of the incompetent’s funds. The record supports the Referee’s findings and the motion to confirm the Referee’s report is granted. While respondent appeared at the initial hearing before the Referee, he failed to appear at a subsequent hearing on the supplemental petition charging him with commingling and conversion. In addition, he did not file papers in opposition to petitioner’s motion to confirm the Referee’s report and, although given an opportunity to be heard on the question of punishment, he has not appeared before the court. In view of the seriousness of his misconduct and the lack of any evidence of extenuating circumstances, we conclude that respondent should be disbarred. Respondent disbarred. Greenblott, J. P., Sweeney, Kane, Main and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

53 A.D.2d 978, 385 N.Y.S.2d 641, 1976 N.Y. App. Div. LEXIS 15776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-glenning-nyappdiv-1976.