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Matter of Hyman

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 1972
38 A.D.2d 511 (N.Y. App. Div. 1972)

Opinion

April 27, 1972.

John G. Bonomi of counsel ( Albert L. Richter with him on the brief), for petitioner.

Martin Itzler for respondent.


Respondent, who was admitted to practice in 1951 by the Appellate Division, First Department, was charged with specifications of professional misconduct in his neglect of the interests of clients and misrepresentations in connection therewith. The Referee to whom the matter was referred found Charges I, II and III were established. Charge IV was not sustained. The Referee's report is in all respects confirmed. The petitioner concedes that the Referee was correct in not sustaining Charge IV.

The charges, as sustained, establish that respondent was guilty of neglect in connection with three cases of different types. The misconduct of respondent was aggravated by his actions and misrepresentations in an effort to cover up his delinquencies, including false assurances to clients as to the status of their cases.

Such negligence and false representations evidence serious professional misconduct. In the light of his admissions of wrongdoing and circumstances indicating no venal motivation, respondent should be suspended from the practice of law for a period of 18 months. ( Matter of McLaughlin, 31 A.D.2d 58.)

McGIVERN, J.P., McNALLY, TILZER, EAGER and CAPOZZOLI, JJ., concur.

Respondent suspended from practice as an attorney and counselor at law in the State of New York for a period of 18 months effective May 30, 1972.


Summaries of

Matter of Hyman

Appellate Division of the Supreme Court of New York, First Department
Apr 27, 1972
38 A.D.2d 511 (N.Y. App. Div. 1972)
Case details for

Matter of Hyman

Case Details

Full title:In the Matter of MARVIN T. HYMAN, an Attorney, Respondent. ASSOCIATION OF…

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

Date published: Apr 27, 1972

Citations

38 A.D.2d 511 (N.Y. App. Div. 1972)
331 N.Y.S.2d 457

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