In re Swyer

Appellate Division of the Supreme Court of New York

In re Swyer

97 A.D.2d 877, 468 N.Y.S.2d 550, 1983 N.Y. App. Div. LEXIS 20664

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

DecidedNovember 16, 1983

StatusPublished

Cited by2 cases

This text of 97 A.D.2d 877 (In re Swyer) 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 Swyer, 97 A.D.2d 877, 468 N.Y.S.2d 550, 1983 N.Y. App. Div. LEXIS 20664 (N.Y. Ct. App. 1983).

Pincite

Opinion

Respondent was admitted to the Bar by this court on July 12, 1977 and practices in the City of Albany. In this proceeding to discipline him for professional misconduct, petitioner moves to confirm the report of the referee which sustained two charges, finding that respondent neglected a matrimonial matter and failed to co-operate with petitioner in its investigation of two inquiries filed against him. Respondent concedes that he failed to co-operate, but urges that we reject the referee’s findings sustaining the neglect charge. We have reviewed the evidence and are in agreement with the findings of the referee. Accordingly, petitioner’s motion to confirm the report is granted. In determining an appropriate sanction, we note in partial mitigation that respondent’s client does not appear to have suffered any pecuniary loss as the result of his misconduct. Under the circumstances, we have concluded that the ends of justice will be adequately served in this matter by a censure. Respondent censured. Mahoney, P. J., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Respondent was admitted to the Bar by this court on July 12, 1977 and practices in the City of Albany. In this proceeding to discipline him for professional misconduct, petitioner moves to confirm the report of the referee which sustained two charges, finding that respondent neglected a matrimonial matter and failed to co-operate with petitioner in its investigation of two inquiries filed against him. Respondent concedes that he failed to co-operate, but urges that we reject the referee’s findings sustaining the neglect charge. We have reviewed the evidence and are in agreement with the findings of the referee. Accordingly, petitioner’s motion to confirm the report is granted. In determining an appropriate sanction, we note in partial mitigation that respondent’s client does not appear to have suffered any pecuniary loss as the result of his misconduct. Under the circumstances, we have concluded that the ends of justice will be adequately served in this matter by a censure. Respondent censured. Mahoney, P. J., Casey, Mikoll, Yesawich, Jr., and Levine, JJ., concur.

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Bluebook (online)

97 A.D.2d 877, 468 N.Y.S.2d 550, 1983 N.Y. App. Div. LEXIS 20664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-swyer-nyappdiv-1983.

Opinion

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