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

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

DecidedDecember 13, 1940

StatusPublished

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

Pincite

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.

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Bluebook (online)

260 A.D. 674, 23 N.Y.S.2d 911, 1940 N.Y. App. Div. LEXIS 4690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-spellman-nyappdiv-1940.