110 A.D.2d 920 | N.Y. App. Div. | 1985
The petition contains eight charges of professional misconduct with multiple specifications delineated under several of the charges. Charge No. I generally alleges respondent’s neglect of the Kokkonen estate and the referee sustained eight of the 13 specifications listed under this charge. The referee also sustained charges Nos. II, III, IV and VIII which allege, respectively, that respondent paid himself legal fees from the estate without court approval, that he loaned estate funds to third parties with whom he had a business interest and failed to obtain security for the loan, that he failed to respond to inquiries
The evidence in the record supports the findings and conclusions of the referee with regard to those charges sustained by him and petitioner’s motion to confirm is therefore granted. We would simply add that as to charge No. VI, the facts found by the referee are sufficient to establish a violation of DR 1-102 (A) (5) as charged. In addition, as to charge No. VII, the facts found also establish a violation of DR 1-102 (A) (5) and (6).
In determining the appropriate sanction for respondent’s misconduct, we note that he has previously been admonished by petitioner for neglect of estates, for loaning estate funds in his capacity as executor to a corporation in which he was a shareholder and officer, and for failure to cooperate with petitioner in its investigation of inquiries filed against him. In view of this disciplinary history and the number and seriousness of the charges established on the instant petition, we determine that respondent should be suspended from the practice of law for a period of six months.
Respondent suspended for a period of six months, the date of commencement to be fixed in the order to be entered hereon. Kane, J. P., Casey, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.