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In re Blum
Citations: 78 A.D.2d 716; 432 N.Y.S.2d 268; 1980 N.Y. App. Div. LEXIS 13252
Court: Appellate Division of the Supreme Court of the State of New York; October 9, 1980; New York; State Appellate Court
Respondent, admitted to the Bar on March 8, 1956, faces a motion to confirm in part and disaffirm in part a report from a Hearing Judge regarding six charges of professional misconduct. The Hearing Judge upheld five charges against the respondent: 1. Signing a client’s name on a general release and a settlement draft without authority (Charge I). 2. Improperly affixing his signature as a notary public to the general release (Charge II). 3. Commingling client funds with his own (Charge III). 4. Misleading and deceiving the client about the status of her claim (Charge IV). 5. Misleading and deceiving the petitioner during its investigation of the client’s inquiry (Charge V). However, the charge alleging failure to cooperate with the petitioner in its investigation (Charge VI) was not sustained. The evidence supports the Hearing Judge's findings, leading to the confirmation of Charges I through V and disaffirmation of Charge VI. In determining the sanction, it was noted that the respondent, who has returned to Florida and does not intend to practice law in New York, admitted his misconduct, attributing it to "stupidity." The Hearing Judge also highlighted that the respondent was concluding his practice, experiencing a divorce, and under psychiatric care at the time of the misconduct. Consequently, the respondent is suspended from practicing law for two years, with the suspension's commencement date to be determined by the court's order.