In re O'Brien

Appellate Division of the Supreme Court of New York

In re O'Brien

263 A.D. 365, 33 N.Y.S.2d 195, 1942 N.Y. App. Div. LEXIS 6891

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

DecidedFebruary 27, 1942

StatusPublished

This text of 263 A.D. 365 (In re O'Brien) 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 O'Brien, 263 A.D. 365, 33 N.Y.S.2d 195, 1942 N.Y. App. Div. LEXIS 6891 (N.Y. Ct. App. 1942).

Pincite

Opinion

Per Curiam.

Two charges of misconduct made against the respondent by the Association of the Bar of the City of New York have been sustained by the referee. The first relates to his neglect of the interests of his clients. They, however, have suffered little, if any, damage inasmuch as the substituted attorney succeeded in restoring the case to the calendar and it was thereafter settled to their satisfaction. The second concerns the respondent’s alleged conversion of the proceeds of a $100 Liberty bond. The referee has rejected his defense that he was authorized to accept the bond as additional compensation for services. The evidence [366]*366sustains the finding of the referee. The respondent has since paid the proceeds of the bond to his clients.

Under the circumstances disclosed respondent should be suspended for one year with leave to apply for reinstatement at the ■expiration of that term upon proof of his compliance with the conditions incorporated in the order.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Respondent unanimously suspended for one year.

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

Per Curiam.

Two charges of misconduct made against the respondent by the Association of the Bar of the City of New York have been sustained by the referee. The first relates to his neglect of the interests of his clients. They, however, have suffered little, if any, damage inasmuch as the substituted attorney succeeded in restoring the case to the calendar and it was thereafter settled to their satisfaction. The second concerns the respondent’s alleged conversion of the proceeds of a $100 Liberty bond. The referee has rejected his defense that he was authorized to accept the bond as additional compensation for services. The evidence [366]*366sustains the finding of the referee. The respondent has since paid the proceeds of the bond to his clients.

Under the circumstances disclosed respondent should be suspended for one year with leave to apply for reinstatement at the ■expiration of that term upon proof of his compliance with the conditions incorporated in the order.

Present — Martin, P. J., O’Malley, Townley, Glennon and Untermyer, JJ.

Respondent unanimously suspended for one year.

Cite This Page — Counsel Stack

Bluebook (online)

263 A.D. 365, 33 N.Y.S.2d 195, 1942 N.Y. App. Div. LEXIS 6891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-obrien-nyappdiv-1942.