126 N.Y.S. 842 | N.Y. App. Div. | 1911
The charge against this attorney is that he was guilty of willful false swearing in his testimony in a Municipal Court in behalf of a client.
He was attorney for one Bishop, who had been janitor of a public school who was dismissed on charges. Pending the hearing of the charges Bishop had been suspended without pay by the acting president of the board of education, who sent Bishop a letter of suspension dated August 5, 1909. This action by the acting president was ratified by the board of education on September 22, 1909. After Bishop’s removal on November 10,. 1909, he' began an action, by respondent as his attorney, in the Municipal Court for the salary which had been withheld during the period of his suspension. In this action it became material, or, at .least, respondent deemed that it was material,- to show that Bishop’s suspension, had been made, or. attempted to be made, by some person who had no authority to suspend an employee of the board, and he accordingly presented himself as a witness, and testified as follows : “ I am the attorney for the plaintiff. On October 15th, 1909, I was present before the Committee on the care of buildings, of which Thomas J. Higgins is chairman. I had a .conversation with Thomas J. Higgins at that time in the Hall of the Board of Education in which Mr. Higgins told me that he had sent a letter to Mr. Bishop, over his own signature, suspending him without pay, and that
The. official referee has found that the charge against the respondent has been sustained, and a reading of the evidence convinces us that no other finding could have been made. Indeed, the respondent did not even appear as a witness before the .official referee to . defend himself against the charges which accused him, not only of official misconduct as an attorney, but of the commission of a felony. His defense, as outlined in the brief filed in his behalf, deals only with the supposed weakness of the evidence against him, which is strong enough to convince us as well as the referee, and with the suggestion that the proceeding against him- is inspired by the malice of some one, of which we find no evidence.
The respondent has been clearly shown to have been guilty of
Ingraham, P. J., Clarke, Miller and Dowling, JJ., concurred.
Respondent disbarred. Settle order on notice.