Opinion
December 7, 1942.
Present — Lazansky, P.J., Carswell, Johnston, Taylor and Close, JJ.
On motion of attorneys, specially designated to prosecute the charges herein, to disapprove five findings of the official referee and to confirm one finding on charges made against respondent, and on motion of respondent to confirm the report of the official referee as to said five charges and to disapprove the finding of the official referee as to the remaining charge, motion of prosecuting attorneys denied, motion of respondent granted, and all charges dismissed. The recommendation of the official referee that five of the charges be dismissed is fully warranted on this record. As to the remaining charge, which relates to an incident that happened fourteen years ago, the inferences of no intentional wrong clearly outweigh any other inference, especially in view of the fine record of respondent as a citizen, and as a public official for fourteen years.