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MATTER OF CUSTER

39 A.D.2d 437 (1972)

In the Matter of William B. Custer, an Attorney, Respondent. New York State Bar Association, Petitioner

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

September 21, 1972.

Attorney(s) appearing for the Case

Frederick C. Stimmel (George B. Burke of counsel), for petitioner.

Charles S. Desmond for respondent.

GOLDMAN, P. J., DEL VECCHIO, MOULE and CARDAMONE, JJ., concur. HENRY, J., dissents in part as follows: In my opinion respondent should be suspended from practice for a period of two years.

Per Curiam.

Respondent, admitted to practice in New York State on April 2, 1962, has been charged by the New York State Bar Association with commingling client's funds with his own and using client's funds for his own personal needs on four separate occasions during the period 1968-1969. Such commingling, admitted by respondent constitutes a violation of canon 11 of the Canons of Professional Ethics, now Code of Professional...

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