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MATTER OF MALONE

65 N.Y.2d 772 (1985)

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

Court of Appeals of the State of New York.

Decided June 11, 1985.

Attorney(s) appearing for the Case

Albert J. Brackley for appellant.

Mark S. Ochs and George B. Burke for respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE and ALEXANDER. Judge MEYER dissents and votes to reverse in an opinion in which Judge JASEN concurs. Taking no part: Judge TITONE.

Order affirmed, without costs, for reasons stated in the memorandum of the Appellate Division (105 A.D.2d 455).

MEYER, J. (dissenting).

My difference with the majority turns on the fact that the false testimony sanctioned by respondent was given before respondent as an investigating official. Clearly, therefore, no court or government agency or official was deceived. And although others being investigated, who...

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