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Matter of Butler

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1961
14 A.D.2d 891 (N.Y. App. Div. 1961)

Opinion

November 8, 1961


The Special Referee, after hearings, filed his report in which he finds respondent guilty as to several of the charges and not guilty as to others, and in which he recommends that respondent be suspended from practice for a period of one year. Both parties now move to confirm the report except as to the degree of punishment recommended. Petitioner urges that the Referee's recommendation is too lenient, while respondent urges that it is too severe and that his punishment should be confined to a censure. The respective motions to confirm the Referee's report except as to the degree of punishment recommended, are granted. In our opinion, under all the circumstances respondent should be suspended from the practice of the law for a period of three years; we deem this period of suspension to be the appropriate penalty for his offenses. We are not imposing a greater penalty because respondent co-operated fully with the petitioner and with the Referee, and because respondent's transgressions appear to be attributable in large measure to his inexperience, his ignorance and his carelessness. Accordingly, respondent is suspended from the practice of the law for a period of three years, beginning 20 days after entry of the order hereon. Beldock, Acting P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.


Summaries of

Matter of Butler

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1961
14 A.D.2d 891 (N.Y. App. Div. 1961)
Case details for

Matter of Butler

Case Details

Full title:In the Matter of MICHAEL BUTLER, an Attorney, Respondent. DENIS M. HURLEY…

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

Date published: Nov 8, 1961

Citations

14 A.D.2d 891 (N.Y. App. Div. 1961)