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MATTER OF ZALK

10 N.Y.3d 669 (2008)

892 N.E.2d 369

862 N.Y.S.2d 305

In the Matter of RICHARD A. ZALK (Admitted as RICHARD ALAN ZALK), an Attorney, Appellant. DEPARTMENTAL DISCIPLINARY COMMITTEE FOR THE FIRST JUDICIAL DEPARTMENT, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 2008.

Attorney(s) appearing for the Case

Hinshaw & Culbertson, LLP, New York City (Richard Supple and Hal Lieberman of counsel), for appellant.

Alan W. Friedberg, Chief Counsel, Departmental Disciplinary Committee, Supreme Court, Appellate Division, First Judicial Department, New York City (Naomi F. Goldstein of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

This appeal calls upon us to decide whether the Dead Man's Statute (CPLR 4519) applies in an attorney disciplinary proceeding involving how Richard A. Zalk handled a $200,000 down payment in a real estate transaction where he represented the seller, Ruth Gellman, subsequently deceased. For the reasons that follow, we conclude that the Dead Man's Statute does not apply.

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