In re Robson

Appellate Division of the Supreme Court of New York

In re Robson

31 A.D.2d 33, 295 N.Y.S.2d 1, 1968 N.Y. App. Div. LEXIS 2848

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

DecidedNovember 21, 1968

StatusPublished

This text of 31 A.D.2d 33 (In re Robson) 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 Robson, 31 A.D.2d 33, 295 N.Y.S.2d 1, 1968 N.Y. App. Div. LEXIS 2848 (N.Y. Ct. App. 1968).

Pincite

Opinion

Per Curiam.

This is a motion to confirm the report of a Referee finding respondent guilty of professional misconduct.

Respondent, age 52, was admitted to practice June 25, 1946 in the First Judicial Department. He was charged with attempting to obtain money from a client in order to pay an unlawful fee to an employee of the State Liquor Authority (SLA), or by falsely representing that it would be so used, and subsequently reporting that an arrangement had been so made. The Referee found, and we agree, there was no report made to the client subsequently. The Referee construed the charge to embrace conspiracy to bribe an SLA employee in 1961, in order to procure favorable consideration of the client’s application then pending before the SLA. The evidence offered in support of the charge was contained in the transcript of a minifon recording made March 13, 1962. No money was actually obtained because the client reneged on the agreement. As transcribed the record supports the charge. The motion to confirm the report is granted.

In light of the circumstances present, the absence of any other charges against respondent prior or subsequent to the occurrence here involved, and the otherwise good reputation of [34]*34respondent as attested to, respondent should he suspended for a period of three years.

Stevens, J. P., Eager, Capozzoli, McGtvern and Babin, JJ., concur.

Bespondent suspended for a period of three years effective December 23, 1968.

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Per Curiam.

This is a motion to confirm the report of a Referee finding respondent guilty of professional misconduct.

Respondent, age 52, was admitted to practice June 25, 1946 in the First Judicial Department. He was charged with attempting to obtain money from a client in order to pay an unlawful fee to an employee of the State Liquor Authority (SLA), or by falsely representing that it would be so used, and subsequently reporting that an arrangement had been so made. The Referee found, and we agree, there was no report made to the client subsequently. The Referee construed the charge to embrace conspiracy to bribe an SLA employee in 1961, in order to procure favorable consideration of the client’s application then pending before the SLA. The evidence offered in support of the charge was contained in the transcript of a minifon recording made March 13, 1962. No money was actually obtained because the client reneged on the agreement. As transcribed the record supports the charge. The motion to confirm the report is granted.

In light of the circumstances present, the absence of any other charges against respondent prior or subsequent to the occurrence here involved, and the otherwise good reputation of [34]*34respondent as attested to, respondent should he suspended for a period of three years.

Stevens, J. P., Eager, Capozzoli, McGtvern and Babin, JJ., concur.

Bespondent suspended for a period of three years effective December 23, 1968.

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Bluebook (online)

31 A.D.2d 33, 295 N.Y.S.2d 1, 1968 N.Y. App. Div. LEXIS 2848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-robson-nyappdiv-1968.