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2 A.D.2d 382

In re Smith

Appellate Division of the Supreme Court of the State of New York · decided 1956-11-07

Decided 1956-11-07

Per Curiam.

¶1Respondent has admitted the use for his own purposes of his client’s funds which were received by him while handling the sale of the client’s real property. The fact that at the time he expected a substantial fee in another matter which would enable him to replace the funds prior to the closing of title does not excuse him. Nor is he absolved by the fact that he paid in full all sums due the client at the time title was closed. We are satisfied, however, that respondent had no real intent to convert the client’s funds. It was at a time of financial stress that respondent used the funds, unwisely placing too much reliance on the expectation of shortly receiving a fee.

¶2His conduct is not to be condoned, but in view of all the circumstances and considering his exceptional record, particularly while connected with the armed services, we are inclined to leniency.

¶3Respondent should be suspended for the period of six months.

¶4Breitel, J. P., Botein, Rabin, Valente and Bergan, JJ., concur.

¶5Respondent suspended for a period of six months.

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