Opinion
June 19, 1967
Proceeding to discipline respondent, an attorney, for professional misconduct. Respondent was admitted to practice on June 28, 1932 by this court. Pursuant to an order of reference, dated December 28, 1966, a Justice of the Supreme Court has heard the issues and has submitted his report, dated April 20, 1967, to this court. Petitioner now moves to confirm the report and to impose discipline upon respondent. Respondent did not interpose an answer to the petition or opposition to the present motion. He appeared at the hearing, with counsel; he offered no evidence, but his counsel otherwise participated actively in the hearing and stated that respondent stood on the record and had no intention to deny any of the charges against him. The charges were set forth in eight specifications (A to H, inclusive) in the petition. The petitioner did not produce any evidence in support of specifications G and H and the Justice found that these specifications had not been sustained. The Justice found that specifications A to E were sustained by the evidence. These specifications relate to the conduct of respondent as attorney for the committee of the person and property of an incompetent. The report contains the following findings with respect thereto: In 1963, the committee retained respondent to prepare and file an inventory and account for her. Thereafter, on May 28, 1963, respondent caused a safe deposit box in the name of the incompetent to be opened, in which box were found two savings bank books showing a total balance in excess of $7,300, five postal savings certificates valued at $2,975, and two savings bonds having a total face value of $150. He received a $2,975 check from the Treasurer of the United States, dated July 1, 1963, in redemption of the postal savings certificates, indorsed the payee-committee's name thereto, deposited it into his own bank account, and thereafter converted and used the proceeds for his personal transactions. Additionally, he caused the committee to sign a withdrawal slip for the balance, $444.96, in one of said two savings bank books of the incompetent; and obtained the countersignature thereon of the committee's surety by representing that the proceeds would be deposited into the committee's account. Instead, he obtained a $444.96 check from the bank, payable to himself, and deposited it into his own bank account. Further, he disobeyed and caused his client, the committee, to disobey the court order, dated October 3, 1956, which had appointed her as such committee, by receiving the incompetent's personal property having a value in excess of $2,500 without filing an additional bond; failed to prepare and file the committee's annual accounts for the years 1964, 1965 and 1966, although retained and paid to do so; failed to prepare and file an inventory of the safe deposit box's contents and he received a total of $1,150 from the committee as fees to render these services, and also had received $444.96 as above mentioned, but performed only the minimal services of causing the safe deposit box to be opened and a checking account in the name of the committee to be opened (the specification as to this [C] charged respondent with fraud in inducing the committee to pay him excessive and unconscionable fees for services alleged to have been rendered by him; and, as above stated, the specification was sustained in its entirety). The Justice further found that specification F was sustained by the evidence. His report contains findings that respondent failed and neglected to prosecute an appeal in a criminal case, although he had been assigned by this court to do so; and failed to attend before an Associate Justice of this court to explain this delinquency (although directed to do so). The findings of the Justice are fully sustained by the evidence. Accordingly, the motion to confirm the report is granted. In our opinion, respondent is unfit to continue 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 July 3, 1967. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Nolan, JJ., concur.