In re Picciano
Cases that cite this one
2 later published cases cite this decision.
- In re Picciano (Appellate Division of the Supreme Court of New York 1984)
- In re Picciano (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
— Respondent was admitted to the Bar by this court on January 20, 1955. Petitioner moves to confirm the report of the hearing Judge which sustained four charges of professional misconduct. The motion is opposed by respondent. Charge No. 1 alleges that respondent improperly affixed his signature as notary public to a written instrument. In sustaining the charge, the hearing Judge found, inter alia, that respondent signed a discharge of mortgage certifying that the lender personally appeared before him and acknowledged that she had executed the instrument when she had not. The evidence supports the findings of the hearing Judge and they should be confirmed. In mitigation, the hearing Judge stated that respondent did not obtain any personal gain from the transaction nor did he intend that the lender be defrauded. Moreover, it appears that the lender had agreed to discharge the mortgage which she held, with the understanding that she would have a security interest in other real property that her debtors were about to purchase. Thereafter, according to respondent, the signed discharge was brought to him by one of the debtors. Respondent called the lender to verify that she had signed the discharge and he then took her acknowledgement over the telephone. While a new mortgage was never prepared, the debtors assumed for several years that the new property was subject to the lien since 80% of the payments made on the loan occurred after the discharge of mortgage was recorded. We also note that respondent testified that it is his intention to personally pay any money owed on the debt to the lender’s family if the debtors do not. Charge No. 2 alleges that respondent disbursed funds contrary to the terms of a written agreement. The hearing Judge found that, incidental to a large-scale business venture, arrangements were made to have oné Smith loan respondent’s client, Petrick, money to purchase certain real property. On December 18, 1975 Smith gave Petrick a check for $27,000, which he indorsed to the order of respondent as trustee. Respondent then prepared a memorandum addressed to Smith, dated December 18, 1975, which acknowledged receipt of the check and provided that in the event that respondent could not perfect title free from liens and encumbrances by December 19, 1975, the check would be returned to Smith immediately. Respondent then prepared a deed and a bond and mortgage and, on December 19, delivered the executed deed, bond and mortgage to Smith’s attorneys. The hearing Judge found that any interpretation of the December 18 memorandum requiring that all satisfactions, discharges and payments were to be accomplished by December 19 was waived by the parties and that respondent was left with the duty to pay off the outstanding liens on the property within a reasonable time and to deliver satisfactions and releases to Smith’s attorneys together with filing fees. In concluding that respondent had disbursed funds contrary to the memorandum of December 18, the hearing Judge found
Case-law data current through September 30, 2026. Source: CourtListener bulk data.