¶1The respondent was charged by the Association of the Bar of the City of New York with unduly withholding the funds of a client and fees due physicians. He has paid his client and the physicians. It is our opinion that he had no deliberate *675intention to defraud. Giving due consideration to that fact and other mitigating circumstances, the proceeding should be dismissed.
¶2Present- — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.
¶3Proceeding dismissed.