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Matter of Brill

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 1978
64 A.D.2d 170 (N.Y. App. Div. 1978)

Opinion

October 17, 1978

James D. Porter, Jr., of counsel (Elaine D. McKnight with him on the brief), for petitioner.

Abraham J. Brill, respondent pro se.


Respondent was admitted to the practice of law in the Second Department in February, 1937. In 1971 he was retained to settle an estate and he in fact performed all the necessary work other than filing the New York State estate tax returns. He failed to wind up the estate despite numerous inquiries by his client and the Committee on Grievances.

We directed a reference in this matter and at the hearing the respondent admitted the charge of neglect preferred against him. The Referee found the charges against the respondent to be established, and we confirm that finding.

In considering the sanction to be imposed, we note in mitigation the respondent's personal problems; that the beneficiaries of the estate were not prejudiced; that the respondent has agreed to pay any penalties assessed against the estate for late filing; and, most importantly, that there was no venality, dishonesty, or misappropriation involved. We have therefore imposed the sanction of censure (Matter of Walsh, 61 A.D.2d 720).

EVANS, J.P., LANE, MARKEWICH, SANDLER and SULLIVAN, JJ., concur.

Respondent censured.


Summaries of

Matter of Brill

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 1978
64 A.D.2d 170 (N.Y. App. Div. 1978)
Case details for

Matter of Brill

Case Details

Full title:In the Matter of ABRAHAM J. BRILL, an Attorney, Respondent. ASSOCIATION OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 1978

Citations

64 A.D.2d 170 (N.Y. App. Div. 1978)
409 N.Y.S.2d 226