20 A.D.2d 598 | N.Y. App. Div. | 1963
Although the record establishes that petitioner, a certified public accountant, had represented that he had adequately audited the books and accounts of a company, which he had not actually checked, this single incident in a professional record otherwise without complaint does not in our judgment warrant revocation of license. Decision modified in pursuance of subdivision 5-a of section 1296 of the Civil Practice Act (CPLR 7803, subd. 3) to direct that petitioner’s license be suspended for two years and as thus modified confirmed, without costs. Bergan, P. J., Herlihy and Taylor, JJ., concur; Gibson and Reynolds, JJ., dissent and vote to confirm, Gibson, J., in a memorandum in which Reynolds, J., concurs: Petitioner’s “moral unfitness for the public practice of accountancy ” was found, as was his guilt of the specific charges. This was the judgment of his fellow practitioners, representing the unanimous conclusion of the 3 members of the subcommittee on grievances and the 10 members of the full committee and,