Silver v. Assael

Appellate Division of the Supreme Court of New York

Silver v. Assael

12 A.D.2d 631, 208 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 6459

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

DecidedDecember 14, 1960

StatusPublished

Cited by2 cases

This text of 12 A.D.2d 631 (Silver v. Assael) 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

Silver v. Assael, 12 A.D.2d 631, 208 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 6459 (N.Y. Ct. App. 1960).

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Opinion

Motion by petitioner to confirm the report of the Special Referee granted; respondent disbarred and his name ordered struck from the roll of attorneys. There is sufficient evidence to sustain the findings of the Referee: (1) that respondent, among other infractions, improperly referred clients to physicians upon an understanding that exaggerated medical reports and bills would be presented; and (2) that respondent submitted false and exaggerated bills of particulars. Respondent also admitted: (3) that he split fees with a person not an attorney; (4) that on occasions he failed to submit written closing statements to clients; and (5) that he commingled funds of his clients with his own. We also find that respondent was unco-operative in the judicial inquiry ordered by this court. In our opinion, his conduct on the whole warrants the disciplinary action of disbarment as recommended by the Referee. Beldock, Acting, P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Motion by petitioner to confirm the report of the Special Referee granted; respondent disbarred and his name ordered struck from the roll of attorneys. There is sufficient evidence to sustain the findings of the Referee: (1) that respondent, among other infractions, improperly referred clients to physicians upon an understanding that exaggerated medical reports and bills would be presented; and (2) that respondent submitted false and exaggerated bills of particulars. Respondent also admitted: (3) that he split fees with a person not an attorney; (4) that on occasions he failed to submit written closing statements to clients; and (5) that he commingled funds of his clients with his own. We also find that respondent was unco-operative in the judicial inquiry ordered by this court. In our opinion, his conduct on the whole warrants the disciplinary action of disbarment as recommended by the Referee. Beldock, Acting, P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.

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Bluebook (online)

12 A.D.2d 631, 208 N.Y.S.2d 887, 1960 N.Y. App. Div. LEXIS 6459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/silver-v-assael-nyappdiv-1960.

Opinion

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