In re Spellman

Appellate Division of the Supreme Court of New York

In re Spellman

260 A.D. 674, 23 N.Y.S.2d 911, 1940 N.Y. App. Div. LEXIS 4690

Appellate Division of the Supreme Court of the State of New York·Decided December 13, 1940·Published

Opinion

Per Curiam.

The respondent was charged by the Association of the Bar of the City of New York with unduly withholding the funds of a client and fees due physicians. He has paid his client and the physicians. It is our opinion that he had no deliberate [675]*675intention to defraud. Giving due consideration to that fact and other mitigating circumstances, the proceeding should be dismissed.

Present- — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

Proceeding dismissed.

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Per Curiam.

The respondent was charged by the Association of the Bar of the City of New York with unduly withholding the funds of a client and fees due physicians. He has paid his client and the physicians. It is our opinion that he had no deliberate [675]*675intention to defraud. Giving due consideration to that fact and other mitigating circumstances, the proceeding should be dismissed.

Present- — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

Proceeding dismissed.

In re Spellman, 260 A.D. 674, 23 N.Y.S.2d 911, 1940 N.Y. App. Div. LEXIS 4690 (N.Y. Ct. App. 1940).

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