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IN MATTER OF DRAKE

39 A.D.2d 310 (1972)

In the Matter of John C. Drake, 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.

July 6, 1972.

Attorney(s) appearing for the Case

John G. Bonomi of counsel (Patrick J. Moynihan with him on the brief), for petitioner.

John C. Drake, respondent in person.

McGIVERN, J. P., MARKEWICH, KUPFERMAN, McNALLY and STEUER, JJ., concur.

Per Curiam.

The findings of the Referee that respondent converted the sum of $500, representing an escrow fund of a client, relating to a real estate transaction, are confirmed. It also appears that restitution was not made until after a complaint was registered, although the client did not testify. The respondent, however, took the stand and narrated his many tribulations: illness, domestic strife, financial reverses, even

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