253 A.D. 395 | N.Y. App. Div. | 1938
The applicant, Murray H. Portnow, known also as Hyman Murray Portnow and Herman Portnow, is credited with having passed the bar examination, evidenced by the certificate of the State Board of Law Examiners, bearing date the 29th day of October, 1936. Thereafter, and on the 19th day of February, 1937, this application for admission to the bar was made. Pursuant to rule 1 of the Rules of Civil Practice, the applicant’s sworn statement, known as a questionnaire, together with other affidavits and required evidence, was referred to the committee duly appointed by this court for the purpose of investigating the character and fitness of applicants for admission to the bar. That committee disapproved the application and filed its report, together with the record of the case, for final disposition by this court.
In June of 1927 a man named Herman Partnow, then residing at No. 247 Stockton street, Brooklyn, was graduated at Columbia University with the degree of bachelor of arts. The applicant herein filed with his papers a certificate issued by Columbia University under date of February 11, 1937, to the effect that Hyman Partnow, of No. 247 Stockton street, Brooklyn, who changed his name to Herman Partnow, was graduated with the degree of bachelor of arts on the 1st day of June, 1927. The applicant represented himself as that Herman Partnow. The certificate bore this indorsement: “ May not register again in the University. For further information refer to Dean Herbert E. Hawkes.”
It was the investigation by the character committee of the indorsement on the certificate filed by the applicant, which had to do with the conduct of the real Herman Partnow while he was a student at Columbia, that led to the disclosure of a chain of facts and circumstances constituting an attempt on the part of this applicant to gain admission to the bar of this State by impersonating the Partnow who was graduated at Columbia University in 1927, using his certificate of graduation, supported by perjured evidence. In his questionnaire the applicant details a frequent change of name for “ convenience and effect,” so arranged that at one time it approached closely the name of the original Partnow, who, incidentally, had changed his name in the year 1927 from Hyman Partnow to Herman Partnow. He stated falsely that, in June, 1927, he resided at 247 Stockton street, Brooklyn, the address of the original Partnow at that time, and that he attended Columbia University from 1923 to 1927. The record further discloses that in July, 1933, he attempted to have the records of Columbia University changed, by filing with that institution what purported to be a City Court order changing the name of Herman Partnow to his own assumed name of Murray H. Portnow. The committee’s examination of the court records discloses no such order and no
These developments led the committee to investigate the papers originally filed by the applicant with the New York State Board of Law Examiners in 1932, for the purpose of qualifying for the bar examination. Among them was an affidavit verified on the 1st day of June, 1932, bearing the signature “ Murray H. Portnow,” in which the affiant alleged that he had been graduated at New York University in June of 1927, with the degree of bachelor of arts. Annexed to the affidavit was a certificate, under the seal of the New York University, certifying that Murray H. Portnow had been graduated at the University College of Arts and Sciences on the 8th day of June, 1927, with the degree of bachelor of arts. Inquiry at that university disclosed that no one of that name, or of a similar name, had ever attended the university, and that no certificate had ever been issued in that name. The committee reports that a close inspection of the certificate revealed the fact that the typewritten name “ Murray H. Portnow ” was superimposed over a surface which had been erased, and that the typewriting, other than that of the name, was apparently written on a different machine, the letters being different in size and spacing. Just why that certificate was abandoned by the applicant does not appear, but it may be assumed that he realized that it would not survive the scrutiny of the character committee. In any event, if that certificate were genuine, the second would be unnecessary.
The climax came on December 14, 1937, when Librarian Howson, of Columbia University, appeared before the committee with the university’s record card, to which was attached a picture of the student at Columbia. The picture was not of the applicant, and the facts concerning him differed in all respects except as to the residence at 247 Stockton street, Brooklyn. Eventually, the committee located the original Herman Partnow, who appeared before it and testified. He had never heard of the applicant and ,
There is another feature of this case which cannot be passed unnoticed. Three attorneys, by affidavit, have certified to the good character of this applicant. The affidavits of two of them contain untrue statements, in effect giving support to the fraud perpetrated by this applicant. One of them, who submitted an affidavit of good character and ideal home life, testified before the committee that he had known the applicant for “ several ” years and that his sole contact with him was through the Young Men’s Hebrew Association of Williamsburg. He testified that he had never met the applicant’s father, mother, brother or sister, and that he did not know that he was married. He never visited the applicant’s home, and the applicant never visited his home. That, however, was in direct contradiction of the statements made by him in his affidavit, in which he stated that he knew the applicant’s wife, mother, father, brother and sister; that he visited the applicant at his home at least once in each week since their acquaintance in June, 1925, including the 247 Stockton street address; that he came in contact with the applicant “ at least once and at times twice each week since 1925 met either at his home or mine ” and observed his home environment, and that in his home he was v< A Chesterfieldian model of this present age.” The affidavit is almost entirely false and was admitted to be false by the affiant in his testimony before the committee. The affidavit by the other consists of a gross exaggeration of facts. He, too, alleged, under oath, that he visited the applicant at No. 247 Stockton street. Before the committee he admitted that he had no recollection of visiting him at that address.
Those who make affidavits are held to a strict accountability for the truth and accuracy of their contents. Lawyers, particularly, should be helpful to the court in its endeavors to keep the profession free from those unfit, rather than obstructive in thwarting the efforts of the character committee by verifying affidavits with reckless disregard for the truth.
The application for admission to the bar should be denied. The matter should be referred to the district attorney of Kings county and the grievance committee of the Brooklyn Bar Association for appropriate action. The character, .committee should be author
Present — Hagarty, Carswell, Davis, Johnston and Adel, JJ.
Application for admission to the bar denied. The matter is referred to the district attorney of Kings county and the grievance committee of the Brooklyn Bar Association for appropriate action. The committee on character and fitness of applicants for admission to the bar is authorized to take action, in conjunction with the representatives of the various universities, colleges and law schools, to the end that applicants for certificates may be properly identified.