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MATTER OF LINN

200 A.D.2d 4 (1994)

In the Matter of Charles B. Linn, an Attorney, Respondent. Grievance Committee for the Ninth Judicial District, Petitioner

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

June 6, 1994

Attorney(s) appearing for the Case

Gary L. Casella, White Plains (Etta M. Biloon of counsel), for petitioner.

Brennan, Fabriani & Novenstern, Mt. Kisco (Timothy J. Brennan of counsel), for respondent.

MANGANO, P. J., THOMPSON, BRACKEN, SULLIVAN and O'BRIEN, JJ., concur.

Per Curiam.

In this proceeding, the Special Referee sustained four charges of professional misconduct against the respondent. The petitioner moved to confirm the report to the extent that Charges One, Two, Four, and Five were sustained and to disaffirm to the extent that Charge Three was not sustained. The respondent cross-moved to confirm in part and disaffirm in part.

Charge One alleged that the respondent failed...

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