Golenbock, Matter of

• Decision Date: 07 July 1961
• Citation: 10 N.Y.2d 781,219 N.Y.S.2d 622
• Parties: , 177 N.E.2d 59 In the Matter of Jerome GOLENBOCK, an Attorney, Appellant. The Coordinating Committee on Discipline, Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 622

219 N.Y.S.2d 622

10 N.Y.2d 781, 177 N.E.2d 59

In the Matter of Jerome GOLENBOCK, an Attorney, Appellant. The Coordinating Committee on Discipline, Respondent.

Court of Appeals of New York.

July 7, 1961.

Appeal from Supreme Court, Appellate Division, First Department, 13 A.D.2d 178, 215 N.Y.S.2d 270.

Disciplinary proceeding against attorney. A motion was filed for an order temporarily suspending the attorney from practice, and the attorney filed a cross motion for relief from default in answering and for leave to serve his answer.

The Appellate Division held that the attorney would be given an opportunity to answer even though his reasons advanced for failure to make prior answer would not have been regarded as sufficient in conventional litigation, but that, where attorney admitted that he had never complied with the requirement that an attorney handling personal injury cases upon a contingent retainer basis should deposit sums received in a special bank account, the attorney would be suspended from practice until final determination of the remaining charges.

The attorney made a motion in the Court of Appeals for leave to appeal and for a stay.

Motion for leave to appeal and for a stay dismissed upon the ground the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.