Appellate Division of the Supreme Court of New York, 1963

In re Reape

In re Reape
Appellate Division of the Supreme Court of New York · Decided March 21, 1963
18 A.D.2d 132; 238 N.Y.S.2d 862; 1963 N.Y. App. Div. LEXIS 4105

Counsel

Eric Nightingale of counsel (Raymond P. Whearty with him on the brief; John G. Bonomi, attorney), for petitioner., Eenry E. Ashcroft for respondent.

In re Reape

Opinion of the Court

Per Curiam.

Respondent admits the conversion of funds of two clients and the issuance of some 22 checks during a two-month period which were returned for insufficient funds. He co-operated in this proceeding and in the preliminary investigation, made restitution and redeemed the checks. Respondent appears to have repented.

Misconduct of the kind here involved in most instances demonstrates unfitness for membership at the Bar and we have held so repeatedly. However, in view of respondent’s age, his membership at the Bar for the past quarter of a century with no record of prior misconduct and other mitigating circumstances, we are of the opinion that a suspension of six months would be appropriate in this case.

Respondent should be suspended for a period of six months.

Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ., concur.

Respondent suspended for a period of six months.

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