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MATTER OF SLOTNICK v. CHEM. BANK

247 A.D.2d 294 (1998)

669 N.Y.S.2d 289

In the Matter of Sol V. Slotnick, Respondent, v. Chemical Bank et al., Respondents, and New York State Department of Taxation and Finance, Appellant

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

February 24, 1998

A trial pursuant to CPLR 5239 is required where it appears that petitioner has failed to comply with the requirements of Code of Professional Responsibility DR 9-102 (22 NYCRR 1200.46) for establishing attorney trust accounts and questions of fact are presented as to petitioner's control over the funds in the subject accounts as evidenced by his control of and retention of interest, his deposit into and payment of professional fees from the checking account and the uncertain...

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