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MATTER OF KIRSHNER

3 A.D.3d 201 (2004)

772 N.Y.S.2d 87

In the Matter of MARK G. KIRSHNER (Admitted as MARK GEOFFREY KIRSHNER), 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.

February 9, 2004.

Attorney(s) appearing for the Case

Robert P. Guido, Syosset (Mitchell T. Borkowsky of counsel), for petitioner.

Zinker, Gelfand & Herzberg, LLP, Smithtown (Jeffrey Herzberg of counsel), for respondent.

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

OPINION OF THE COURT

Per Curiam.

The petitioner served the respondent with a petition dated January 22, 2002, containing two charges of professional misconduct. After a preliminary hearing before Special Referee Harwood on February 13, 2002, and a hearing before the late Special Referee Collins on April 26 and May 13, 2002, Special Referee Pizzuto reviewed the transcript and exhibits and sustained both charges. The petitioner now moves to confirm the Special...

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