Opinion
June 16, 1961
The issues containing two charges of professional misconduct have been tried by a Referee appointed by the court, and he has filed a report recommending disbarment of respondent, who was admitted to the practice of the law by this court on January 12, 1950, and has since maintained an office for that purpose in the City of Schenectady. The Referee has found that on July 28, 1955, respondent settled claims for damages arising out of a motor vehicle collision for $2,400 without his clients' authorization, executed releases without authorization, caused the insurance carrier's draft to be deposited in his own bank account without his clients' indorsements and failed to account to his clients for their shares of the proceeds of the settlement until March, 1958; and paid them their shares only when he was compelled to do so after they had learned the true facts. The findings of the Referee are amply supported by the evidence and are approved and adopted as to that charge. Such conduct amounts to fraud, deception and dishonesty for which he should be disbarred. We agree with the Referee's report that the proof in support of the second charge was conflicting and inconclusive, and for this reason that charge is dismissed. Respondent disbarred. Bergan, P.J., Herlihy, Reynolds and Taylor, JJ., concur.