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  5. 265 A.D.2d 114 (2000)
 

MATTER OF HABERMAN

265 A.D.2d 114 (2000)

705 N.Y.S.2d 249

In the Matter of DAVID S. HABERMAN (Admitted as DAVID SAMUEL HABERMAN), an Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE TENTH JUDICIAL DISTRICT, Petitioner.

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

March 20, 2000.

Attorney(s) appearing for the Case

Grace D. Moran, Syosset (Chris G. McDonough of counsel), for Grievance Committee for the Tenth Judicial District.

Robert A. Unger, P. C. (Louis Gerstman of counsel), for respondent.

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

OPINION OF THE COURT

Per Curiam.

David S. Haberman has submitted an affidavit dated January 13, 2000, in which he tenders his resignation as an attorney and counselor-at-law (see, 22 NYCRR 691.9).

In his affidavit of resignation, the respondent acknowledges that he is the subject of a petition containing charges of professional misconduct, including the commingling of funds entrusted to him as fiduciary with his personal funds in an operating...

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