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MATTER OF CHIARIELLO

14 A.D.2d 705 (1961)

In the Matter of Gerald Chiariello, an Attorney, Respondent. Denis M. Hurley, Petitioner

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

September 25, 1961

Motion by respondent for reargument of petitioner's motion to confirm the Special Referee's report referred to the court that rendered the original decision.

Motion for reargument denied.

Pette, J., dissents and votes to grant the motion and to remit the proceeding to a Referee for hearing de novo on the ground that under all the circumstances the extreme penalty of disbarment is not justified and that in the interests of justice a new...

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