Bar Ass'n of Erie County v. Gelman

Decision Date25 June 1965
PartiesThe BAR ASSOCIATION OF ERIE COUNTY, Petitioner, v. Leon GELMAN, Respondent.
CourtNew York Supreme Court — Appellate Division

John B. Walsh, Buffalo, for petitioner.

William B. Mahoney, Buffalo, for respondent.

Before WILLIAMS, P. J., and BASTOW, GOLDMAN, HENRY, and DEL VECCHIO, JJ.

PER CURIAM.

A petition, verified May 10, 1965, has been filed by The Bar Association of Erie County against respondent Leon Gelman alleging various acts of professional misconduct. Among other allegations in the petition are the following:

'6. A. That since March 1, 1957, the Respondent has failed to file retainer statements, as required by the Rules of this Court in more than 272 instances.

'B. That since March 1, 1957, the Respondent has failed to file closing statements, as required by the Rules of this Court in more than 327 instances.'

These allegations have been admitted in the respondent's answer. Therefore, the respondent has admitted that in 599 instances between March 1, 1957 and May 10, 1965 he failed to comply with Rules 3A and 3B of this court. Rule 3A requires retainer statements to be filed with the Judicial Confernce, and Rule 3B requires that closing statements be filed with the Conference. The complete and utter disregard of his responsibilities as an attorney in relation to this court's rules discloses and demonstrates a complete lack of respect for this court and its mandates, and further indicates that he does not have the moral character and responsibility consistent with qualification to practice law. His explanation as to the failure so to file is completely unconvincing and unimpressive.

The motion of the petitioner to discipline and disbar respondent, or in the alternative to suspend him from the practice of law pursuant to the provisions of section 90 of the Judiciary Law, should be granted to the extent that the respondent be suspended from the practice of law until such time as there shall be a final determination by this court, upon the remaining charges in the petition. (Matter of Golenbock, 13 A.D.2d 178, 215 N.Y.S.2d 270.)

This suspension is not intended necessarily to be the final and ultimate degree of discipline to be imposed because of such failures to file.

Order of suspension entered.

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3 cases
  • Sparer, In re
    • United States
    • New York Supreme Court — Appellate Division
    • 15 Junio 1967
    ...funds as required by the rules of this court, demonstrate an utter lack of respect for this court and its mandates (see Matter of Gelman, 23 A.D.2d 328, 260 N.Y.S.2d 983). Furthermore, the other instances of misconduct represented by the established charges, considered in the aggregate, are......
  • Steuerwald v. Committee on Professional Standards, Third Judicial Department
    • United States
    • New York Supreme Court — Appellate Division
    • 22 Junio 1982
    ...report of the hearing judge and the further order of this court. (Matter of Gelman, 81 A.D.2d 873, 441 N.Y.S.2d 413; Matter of Gelman, 23 A.D.2d 328, 260 N.Y.S.2d 983; Matter of Golenbock, 13 A.D.2d 178, 215 N.Y.S.2d SWEENEY, J. P., and MAIN, MIKOLL, YESAWICH, Jr., and LEVINE, JJ., concur. ...
  • Gelman v. Bar Ass'n of Erie County
    • United States
    • New York Supreme Court — Appellate Division
    • 6 Julio 1973
    ...he was suspended from the practice of law until a final determination by this court upon the remaining charges in the petition (23 A.D.2d 328, 260 N.Y.S.2d 983). He has been continuously suspended from the practice of law for a period of eight years from June 25, 1965 and has complied expli......

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