Appellate Division of the Supreme Court of New York, 1979

In re Lowenthal

In re Lowenthal
Appellate Division of the Supreme Court of New York · Decided December 17, 1979
71 A.D.2d 305; 422 N.Y.S.2d 477; 1979 N.Y. App. Div. LEXIS 13474

Counsel

APPEARANCES OF COUNSEL, Donald E. Humphrey for petitioner., Morton N. Wekstein for respondent.

In re Lowenthal

Opinion of the Court

*306OPINION OF THE COURT

Per Curiam.

The respondent was admitted to practice by this court on March 31, 1948. In this proceeding to discipline him for professional misconduct, the petitioner moves to confirm the report of the retired Justice of the Supreme Court to whom the issues were referred for hearing and report. The respondent has submitted an áffirmation in opposition to the petitioner’s motion.

The Referee found the respondent guilty of neglect and of other improprieties with respect to his handling of an estate and various other legal matters.

After reviewing all of the evidence, we are in full agreement with the findings contained in the report of the Referee. Accordingly, the petitioner’s motion to confirm the report is granted.

In determining an appropriate measure of discipline to be imposed, we are mindful of the evidence that the respondent never intended to commit an act of misfeasance and that the respondent has made full restitution in this matter. Accordingly, the respondent should be, and he hereby is, censured for his misconduct.

Mollen, P.J., Hopkins, Damiani, Titone and Lazek, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.