MATTER OF GAVIN


30 A.D.2d 121 (1968)

In the Matter of Franklin P. Gavin, an Attorney, Respondent. Emmet J. Lynch, Petitioner

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

April 30, 1968.


Attorney(s) appearing for the Case

Emmet J. Lynch, petitioner in person.

Daniel H. Mahoney for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS, AULISI and GABRIELLI, JJ., concur.


Per Curiam.

Respondent was admitted to practice January 18, 1940, in the Third Judicial Department.

The Referee correctly found the first charge substantiated in that respondent converted $34,179 in funds of an estate of which he was executor. He has made restitution, albeit tardily and under pressure, and his account as executor has been settled by the Surrogate's Court. The court has given effect to certain other mitigating factors, the discussion...

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