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In re Fischman
Citations: 219 A.D.2d 108; 640 N.Y.S.2d 34; 1996 N.Y. App. Div. LEXIS 3189
Court: Appellate Division of the Supreme Court of the State of New York; March 25, 1996; New York; State Appellate Court
Stuart M. Fischman, admitted to practice law in New York since April 24, 1974, is facing charges filed by the Departmental Disciplinary Committee on December 1, 1995, for violations of the Code of Professional Responsibility. The allegations include maintaining a secret legal practice while "of counsel" to Dreyer and Traub, resulting in the conversion of at least $260,000 of partnership funds. Respondent submitted a verified answer on January 17, 1996, and made several motions, including one to compel the Committee to issue subpoenas, which was denied on February 2, 1996. On the same day, Fischman sought a postponement of the hearings, citing a serious and chronic debilitating illness that hindered his ability to meet with counsel and prepare for defense. Supporting his request, a physician's affidavit detailed his progressive illness with severe neurological symptoms. The Committee endorsed Fischman’s request for postponement and recommended his indefinite suspension due to medical incapacity. The Court determined Fischman suffers from a physical infirmity that prevents him from adequately defending himself. Consequently, his motion is granted, resulting in his indefinite suspension from practicing law until a determination regarding his capacity to continue is made in accordance with the relevant regulations. The order is effective immediately, pending further court directives.