In re Wittner

• Decision Date: 20 July 1943
• Citation: 291 N.Y. 574,50 N.E.2d 660
• Parties: In re Sidney M. WITTNER.
• Court: New York Court of Appeals Court of Appeals

291 N.Y. 574

50 N.E.2d 660

In re Sidney M. WITTNER.

Court of Appeals of New York.

July 20, 1943.

Appeal from Supreme Court, Appellate Division, First Department, 264 App.Div. 576, 35 N.Y.S.2d 773.

Disciplinary proceedings instituted by the Association of the Bar of the City of New York in the matter of Sidney M. Wittner, an attorney, admitted to the bar November 21, 1921 at a term of the Appellate Division of the Supreme Court of the State of New York First Department. The evidence disclosed that at the respondent's suggestion and with his approval a dictograph microphone was attached to the bed in a hotel bedroom occupied by opposing counsel and his wife. The microphone was connected by wires with a dictograph receiving set in an adjoining room occupied by a private detective and a stenographer who made notes of personal and private conversations of opposing counsel, his wife, and his client. A typewritten copy of all conversations so recorded was then furnished to the respondent.

The Appellate Division, 264 App.Div. 576, 35 N.Y.S.2d 773, suspended the respondents from practice for two years. The respondent's motion for leave to appeal to the Court of Appeals was denied by the Appellate Division, 265 App.Div. 806,37 N.Y.S.2d 427, and the respondent appealed. A motion for stay was granted and a motion to dismiss the appeal was denied by the Court of Appeals, 289 N.Y. 645, 44 N.E.2d 619.

Order affirmed.

PER CURIAM.

Order affimred.

All concur except LEHMAN, C. J., taking no part.