Opinion
November 15, 1967
In this proceeding to discipline an attorney, petitioner moves to confirm the report of the Justice of the Supreme Court to whom this court had referred, for hearing and report, the issues raised by the petition. Respondent did not answer the petition, but before its return date he tendered his written resignation as a member of the Bar. He also does not oppose the present motion. He was admitted to the Bar by this court on March 28, 1951. No evidence in respect of the issues was adduced at the hearing before the learned Justice. Instead, petitioner's counsel made an offer of proof and respondent acknowledged that he had submitted his resignation. The Justice has recommended that this court accept the resignation. The petition charged respondent with professional misconduct in that he (1) fraudulently obtained $4,000 from a client of his employer (a lawyer) and repaid only $400 thereof and (2) obtained $2,800 by signing his own client's name to three checks totalling that amount, without authorization, converted said money, repaid $800 thereof and refused to pay the balance or to return a check book and certain papers to this client. In addition, the petition alleges that four indictments were returned by the Grand Jury of Westchester County against respondent, one for grand larceny in the first degree as to his having procured the $4,000 from his employer's client, and the others variously for forgery and grand larceny practiced as to three additional parties; and that respondent has pleaded not guilty to all the indictments. Under all the circumstances, the motion to confirm the report is granted; respondent's resignation as a member of the Bar is accepted and directed to be filed; and respondent's 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.