In re Lowenthal

Appellate Division of the Supreme Court of New York

In re Lowenthal

71 A.D.2d 305, 422 N.Y.S.2d 477, 1979 N.Y. App. Div. LEXIS 13474

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

DecidedDecember 17, 1979

StatusPublished

Cited by1 cases

This text of 71 A.D.2d 305 (In re Lowenthal) 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 Lowenthal, 71 A.D.2d 305, 422 N.Y.S.2d 477, 1979 N.Y. App. Div. LEXIS 13474 (N.Y. Ct. App. 1979).

Pincite

Opinion

[306]*306OPINION OF THE COURT

Per Curiam.

The respondent was admitted to practice by this court on March 31, 1948. In this proceeding to discipline him for professional misconduct, the petitioner moves to confirm the report of the retired Justice of the Supreme Court to whom the issues were referred for hearing and report. The respondent has submitted an áffirmation in opposition to the petitioner’s motion.

The Referee found the respondent guilty of neglect and of other improprieties with respect to his handling of an estate and various other legal matters.

After reviewing all of the evidence, we are in full agreement with the findings contained in the report of the Referee. Accordingly, the petitioner’s motion to confirm the report is granted.

In determining an appropriate measure of discipline to be imposed, we are mindful of the evidence that the respondent never intended to commit an act of misfeasance and that the respondent has made full restitution in this matter. Accordingly, the respondent should be, and he hereby is, censured for his misconduct.

Mollen, P.J., Hopkins, Damiani, Titone and Lazek, JJ., concur.

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