Opinion
286 A.D. 232 142 N.Y.S.2d 420 In the Matter of Norman KALISKI, an Attorney. Supreme Court of New York, First Department June 28, 1955.
Frank H. Gordon, New York City, for Association of the Bar of City of New York.
Edward J. Ennis, New York City, for respondent.
Before PECK, P. J., and COHN, BASTOW, BOTEIN, and RABIN, JJ.
PER CURIAM.
Respondent, an attorney, is charged with depositing monies belonging to two clients in a joint account maintained by him and his wife, and of using those funds for his own purposes. After deposit of the funds his account was several times overdrawn. The monies, in one case amounting to $468.71, and in the other $3,225, were paid by respondent to the clients after he had received notice that his conduct was under investigation by the Bar Association. Respondent admitted the commingling of the funds but denied any intent to convert them to his own use. His previous good record and facts showing that he was under financial stress as a result of his trying to save his mother's business were elicited by way of mitigation.
His acts were deliberate and may not be excused by the plea of financial difficulties. It is at such times that an attorney's moral fibre is tested. The restitution of the funds cannot serve to cure the wrongdoing.
Respondent should be suspended from practice for one year.
Respondent suspended for one year.
Order filed.
All concur.