Opinion
November 6, 1967
In this proceeding to discipline an attorney for professional misconduct, petitioner moves to confirm the report of the Justice of the Supreme Court to whom this court had referred the issues for hearing and report. Respondent was admitted to the Bar by this court on June 26, 1935. He has submitted no papers in opposition to the motion to confirm the report. The proceeding was based upon respondent's conduct in managing the affairs of an elderly client from about April 1, 1961 until about December 13, 1963, when she died. The petition alleged that in April 1961 the client (an unmarried female) was more than 80 years of age, bed-ridden and totally blind; that respondent withdrew a total of $114,004.75 from the client's bank accounts from April 1961 until September 1963 and deposited more than $80,000 of that money into his own bank account; that, despite numerous requests by petitioner's committees he has failed to produce records, documents or testimony to explain his use or disposition of the funds involved; and that he has failed to produce bank statements, deposit slips, checkbooks or cancelled checks relevant to his said bank account, despite repeated demands and his frequent promises to comply with those demands. The reporting Justice has found that the charge was fully sustained, except as to the precise amount of the money withdrawn by respondent from the client's accounts and the precise total amount of money that had been in the client's accounts. The Justice found that the latter amount was $111,155.36 and that respondent withdrew $112,601.46, "inclusive of interest". The Justice's findings are fully sustained by the evidence. Accordingly, petitioner's motion to confirm the report is granted. In our opinion, respondent is unfit to be a member of the Bar. He is disbarred and his name is ordered removed from the roll of attorneys and counselors at law, effective forthwith. Beldock, P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur.