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MATTER OF BIRNBAUM

308 A.D.2d 180 (2003)

762 N.Y.S.2d 75

In the Matter of KENNETH J. BIRNBAUM (Admitted as KENNETH JEROME BIRNBAUM), an Attorney, Respondent. DEPARTMENTAL DISCIPLINARY COMMITTEE FOR THE FIRST JUDICIAL DEPARTMENT, Petitioner.

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

July 24, 2003.

Attorney(s) appearing for the Case

Vitaly Lipkansky of counsel (Thomas J. Cahill, attorney), for petitioner.

Michael A. Gentile of counsel (Benjamin Brotman & Maltz, LLP), for respondent.

BUCKLEY, P.J., NARDELLI, MAZZARELLI, WILLIAMS and LERNER, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Respondent Kenneth J. Birnbaum was admitted to the practice of law in the State of New York by the Second Judicial Department on February 26, 1973, and at all times pertinent to this proceeding, he has maintained an office for the practice of law within the First Judicial Department.

On February 8, 2002, the Departmental Disciplinary Committee (the DDC) served respondent...

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