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MTR. OF BENZINGER

74 A.D.2d 432 (1980)

In the Matter of Joseph A. Benzinger, Jr., an Attorney, Respondent. Grievance Committee of the Eighth Judicial District, Petitioner

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

May 23, 1980

Attorney(s) appearing for the Case

David E. Brennan (Paul J. Ginnelly of counsel), for petitioner.

CARDAMONE, J. P., SIMONS, HANCOCK, JR., SCHNEPP and WITMER, JJ., concur.

Per Curiam.

Respondent was admitted to the practice of law by this court on March 13, 1957. In 1978 he was charged with violating canons 1, 6 and 9 of the Code of Professional Responsibility and section 155.35 of the Penal Law in placing funds from an estate in his special bank account which, on numerous occasions prior to distribution of the estate, contained insufficient funds to distribute to the legatees. Based upon

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