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Appellate Division of the Supreme Court of New York, 1940

In re Spellman

In re Spellman
Appellate Division of the Supreme Court of New York · Decided December 13, 1940
260 A.D. 674; 23 N.Y.S.2d 911; 1940 N.Y. App. Div. LEXIS 4690

Counsel

Einar Chrystie, for the petitioner., Charles A. Taussig of counsel [Paul J. McCauley and Allen K. Bergman- with him on the brief], for the respondent.

In re Spellman

Opinion of the Court

Per Curiam.

The respondent was charged by the Association of the Bar of the City of New York with unduly withholding the funds of a client and fees due physicians. He has paid his client and the physicians. It is our opinion that he had no deliberate *675intention to defraud. Giving due consideration to that fact and other mitigating circumstances, the proceeding should be dismissed.

Present- — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.

Proceeding dismissed.

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