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MATTER OF KUSCHNER

200 A.D.2d 336 (1994)

In the Matter of Herbert M. Kuschner, a Suspended Attorney, Respondent. Grievance Committee for the Ninth Judicial District, Petitioner

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

August 1, 1994

Attorney(s) appearing for the Case

Gary L. Casella, White Plains (Gloria A. Bunze of counsel), for petitioner.

Tolmage, Peskin, Harris & Falick, New York City (Stephan H. Peskin of counsel), for respondent.

MANGANO, P. J., THOMPSON, BRACKEN, SULLIVAN and ROSENBLATT, JJ., concur.

Per Curiam.

In this proceeding, the Special Referee sustained the three charges of professional misconduct against the respondent. The petitioner moves to confirm the report of the Special Referee and the respondent cross-moves to disaffirm the report and, in the alternative, should the charges be sustained, to limit the sanction imposed to a censure.

Charge One alleged that the respondent was convicted of a "serious...

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