Opinion
April 4, 1949.
Present — Johnston, Adel, Sneed and Wenzel, JJ.; Carswell, Acting P.J., not voting.
Motion for permission to withdraw resignation and for reinstatement as an attorney and counselor at law of this State granted; applicant's name directed to be restored to the roll of attorneys; and the findings of fact implicit in the official referee's report confirmed. The Brooklyn Bar Association does not oppose the motion. By reason of the Presidential pardon we have re-examined the applicant's character de novo. In view of all the extenuating circumstances surrounding the commission of the single transgression involved, particularly the circumstance that it was committed under stress and under conditions virtually tantamount to coercion; in view of the fact that the sentence imposed in the United States District Court for the Southern District of New York was not conditioned upon the resignation; in view of the pardon; and in view of the record now before us, which shows that, except for this single transgression, the applicant's character is impeccable and his life most exemplary, we are satisfied that he possesses the character and fitness requisite for an attorney and counselor at law (Judiciary Law, § 90) and, therefore, should be reinstated as a member of the bar.