59 N.Y.2d 549 (1983)

In the Matter of Andrew F. Capoccia, an Attorney, Appellant. Committee on Professional Standards, Third Judicial Department, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Hyman Bravin and Melvin Hirshowitz for appellant.

Thomas D. Gardner and George B. Burke for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER and SIMONS concur.


The standard of proof for a determination of professional misconduct in an attorney's disciplinary proceeding is a fair preponderance of the evidence, not clear and convincing evidence. In the absence of good cause shown why a hearing conducted incident to such proceedings should not be open to the public, on a written waiver of confidentiality by the attorney respondent in such proceedings and a request...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases