IN MATTER OF SMITH


2 A.D.2d 382 (1956)

In the Matter of Francis J. Smith, an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner

Appellate Division of the Supreme Court of the State of New York, First Department.

November 7, 1956.


Attorney(s) appearing for the Case

Frederick H. Block of counsel (Frank H. Gordon, attorney), for petitioner.

Thomas J. McNamee for respondent.

BREITEL, J. P., BOTEIN, RABIN, VALENTE and BERGAN, JJ., concur.


Per Curiam.

Respondent has admitted the use for his own purposes of his client's funds which were received by him while handling the sale of the client's real property. The fact that at the time he expected a substantial fee in another matter which would enable him to replace the funds prior to the closing of title does not excuse him. Nor is he absolved by the fact that he paid in full all sums due the client at the time title was closed. We are satisfied...

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