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In re Chikofsky
Citations: 239 A.D.2d 86; 668 N.Y.S.2d 586; 1998 N.Y. App. Div. LEXIS 597
Court: Appellate Division of the Supreme Court of the State of New York; January 26, 1998; New York; State Appellate Court
Edward M. Chikofsky, Esq. was admitted to practice law in New York in 1972 and faced charges of neglecting a legal matter, making false representations, and failing to refund a $15,000 unearned legal fee. These charges stemmed from his representation of Daniel Fullan in a postconviction motion and criminal appeal from 1991 onward. Despite receiving the retainer, Chikofsky failed to produce necessary legal documents and misrepresented his actions to Fullan's civil attorney. After being discharged in February 1993, he did not refund the retainer, violating professional conduct rules. A Hearing Panel found him culpable of all charges and recommended public censure. Although Chikofsky's psychiatrist testified that he suffered from depression during the misconduct, the Panel's findings were supported by evidence and were essentially agreed upon by Chikofsky. While he requested a private reprimand, the court upheld the recommendation of public censure, noting that mitigating factors had already been considered, and that Chikofsky had not fully repaid the fee. The court concluded that public censure was appropriate given the circumstances, including his prior admonitions and the nature of his misrepresentation. The petition to confirm the Hearing Panel’s findings was granted, resulting in Chikofsky's public censure.