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In re Fields

Appellate Division of the Supreme Court of the State of New York
Apr 20, 1971
Reporters:
, ,
Per Curiam.

Respondent was admitted to practice in the Second Judicial Department on May 8,1935.

Serious allegations (one charge) of professional ‍‌​​‌​​‌​​‌‌​​​​‌‌‌​‌‌‌‌​​​‌‌​​​​​‌​‌​​​​​‌​‌‌‌‌‌​‌‌​‌‌‌​‌‌​‌​‌​‌​‌‌​​​‌​​​‌‌​​‌‌‌‌‌​​‌​​‌‌​‌​‌‌‌‍misconduct were preferred against respondent involving, among other things, commingling and converting a client’s funds, settling the claim of a client and her two infant children without the client’s knowledge or consent, forging his client’s name ‍‌​​‌​​‌​​‌‌​​​​‌‌‌​‌‌‌‌​​​‌‌​​​​​‌​‌​​​​​‌​‌‌‌‌‌​‌‌​‌‌‌​‌‌​‌​‌​‌​‌‌​​​‌​​​‌‌​​‌‌‌‌‌​​‌​​‌‌​‌​‌‌‌‍to a petition and related documents seeking approval of the unauthorized settlement in the Surrogate’s Court, falsely certifying a copy of the order issued by that court, thereby converting his client’s funds. It appears that he made ‍‌​​‌​​‌​​‌‌​​​​‌‌‌​‌‌‌‌​​​‌‌​​​​​‌​‌​​​​​‌​‌‌‌‌‌​‌‌​‌‌‌​‌‌​‌​‌​‌​‌‌​​​‌​​​‌‌​​‌‌‌‌‌​​‌​​‌‌​‌​‌‌‌‍full restitution to his client for these conversions.

The Referee, in a painstaking report, has sustained all charges made against respondent and the record fully supports his findings. His report is confirmed.

The respondent has been guilty of ‍‌​​‌​​‌​​‌‌​​​​‌‌‌​‌‌‌‌​​​‌‌​​​​​‌​‌​​​​​‌​‌‌‌‌‌​‌‌​‌‌‌​‌‌​‌​‌​‌​‌‌​​​‌​​​‌‌​​‌‌‌‌‌​​‌​​‌‌​‌​‌‌‌‍professional misconduct of the type which demonstrates his unfitness to continue as a member of the Bar. (Matter of Hoffman, 30 A D 2d 163.) In view of the gravity of his misconduct respondent should be disbarred. (Matter of ‍‌​​‌​​‌​​‌‌​​​​‌‌‌​‌‌‌‌​​​‌‌​​​​​‌​‌​​​​​‌​‌‌‌‌‌​‌‌​‌‌‌​‌‌​‌​‌​‌​‌‌​​​‌​​​‌‌​​‌‌‌‌‌​​‌​​‌‌​‌​‌‌‌‍Whitaker, 30 A D 2d 162.)

Stevens, P. J., Capozzoli, McGivern, Markewich and Tilzer, JJ., concur.

Respondent disbarred effective May 20, 1971.

Case Details

Case Name: In re Fields
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Apr 20, 1971
Citations: 36 A.D.2d 277; 319 N.Y.S.2d 993; 1971 N.Y. App. Div. LEXIS 4229
Court Abbreviation: N.Y. App. Div.
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