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IN THE MATTER OF BIRMAN

7 A.D.3d 11 (2004)

776 N.Y.S.2d 69

IN THE MATTER OF VOLF BIRMAN (Admitted as VOLF ZEV BIRMAN), an Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE SECOND AND ELEVENTH JUDICIAL DISTRICTS, Petitioner.

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

April 12, 2004.

Attorney(s) appearing for the Case

Diana Maxfield Kearse, Brooklyn (Robert J. Saltzman and Sharon F. Gursen of counsel), for petitioner.

Michael S. Ross, New York City, for respondent.

PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and KRAUSMAN, JJ., concur.

OPINION OF THE COURT

Per Curiam.

The petitioner served the respondent with a petition dated May 6, 2003, containing one charge of professional misconduct. After a preliminary hearing on June 18, 2003, and hearings held on July 11, 2003, and July 25, 2003, the Special Referee sustained the charge. The petitioner now moves to confirm the Special Referee's report and to impose such discipline as the Court deems appropriate. The respondent's counsel has submitted...

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