In re Silverstein

Appellate Division of the Supreme Court of New York

In re Silverstein

151 A.D.2d 219, 547 N.Y.S.2d 128, 1989 N.Y. App. Div. LEXIS 14013

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

DecidedNovember 6, 1989

StatusPublished

This text of 151 A.D.2d 219 (In re Silverstein) 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 Silverstein, 151 A.D.2d 219, 547 N.Y.S.2d 128, 1989 N.Y. App. Div. LEXIS 14013 (N.Y. Ct. App. 1989).

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Opinion

OPINION OF THE COURT

Per Curiam.

In this proceeding, the Special Referee sustained a charge of professional misconduct which alleged that the respondent had been Convicted of a "serious crime” in that, on October [220]*22019, 1987, the respondent pleaded guilty in the United States District Court, Southern District of New York, to a charge of failure to file a Federal tax return and pay the taxes due for the year 1982 in violation of 26 USC § 7203. On February 3, 1988, the respondent was given a suspended sentence and placed on probation for two years.

Both the petitioner and the respondent move to confirm the report of the Special Referee.

We are in full agreement with the report of the Special Referee. The petitioner’s motion and the respondent’s motion to confirm the report of the Special Referee are granted.

In determining an appropriate measure of discipline to be imposed, we have taken into consideration the personal problems advanced by the respondent as well as other mitigating circumstances. Accordingly, the respondent is censured for his misconduct.

Mollen, P. J., Mangano, Thompson, Brown and Lawrence, JJ., concur.

Ordered that the petitioner’s motion and the respondent’s motion to confirm the report of the Special Referee are granted; and it is further,

Ordered that the respondent Frank Silverstein is censured.

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OPINION OF THE COURT

Per Curiam.

In this proceeding, the Special Referee sustained a charge of professional misconduct which alleged that the respondent had been Convicted of a "serious crime” in that, on October [220]*22019, 1987, the respondent pleaded guilty in the United States District Court, Southern District of New York, to a charge of failure to file a Federal tax return and pay the taxes due for the year 1982 in violation of 26 USC § 7203. On February 3, 1988, the respondent was given a suspended sentence and placed on probation for two years.

Both the petitioner and the respondent move to confirm the report of the Special Referee.

We are in full agreement with the report of the Special Referee. The petitioner’s motion and the respondent’s motion to confirm the report of the Special Referee are granted.

In determining an appropriate measure of discipline to be imposed, we have taken into consideration the personal problems advanced by the respondent as well as other mitigating circumstances. Accordingly, the respondent is censured for his misconduct.

Mollen, P. J., Mangano, Thompson, Brown and Lawrence, JJ., concur.

Ordered that the petitioner’s motion and the respondent’s motion to confirm the report of the Special Referee are granted; and it is further,

Ordered that the respondent Frank Silverstein is censured.

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Bluebook (online)

151 A.D.2d 219, 547 N.Y.S.2d 128, 1989 N.Y. App. Div. LEXIS 14013, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-silverstein-nyappdiv-1989.

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