Klebanoff, Matter of
| Decision Date | 04 April 1968 |
| Citation | 21 N.Y.2d 920,289 N.Y.S.2d 755,237 N.E.2d 75 |
| Parties | , 237 N.E.2d 75 In the Matter of Stanley M. KLEBANOFF, an Attorney, Appellant, Co-ordinating Committee on Discipline, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 27 A.D.2d 332, 278 N.Y.S.2d 993.
McDonough, Schneider & Marcus, New York City, for appellant.
Angelo T. Cometa, New York City (Barbara A. Lee, New York City, of counsel), for respondent.
Disciplinary proceeding was brought against attorney.
The Appellate Division entered an order April 20, 1967 disbarring the attorney. The Appellate Division held that employing former attorney, whose name had been struck from role of attorneys, submitting false medical bills, preparing and serving false bills of particulars, commingling funds, and failing to file statements of retainer and closing statements justifies disbarment.
The attorneys appealed to the Court of Appeals on constitutional grounds, contending that attorney received immunity as result of his testifying before Grand Jury without signing a waiver of immunity pursuant to subpoena while a potential defendant, and that it was a constitutional violation to use his testimony given before the Grand Jury and all evidence flowing from such testimony against him in a proceeding to forfeit his office, once he received immunity, and that his testimony before co-ordinating committee on discipline and referee during disciplinary proceeding was brought about through duress, coercion and compulsion, and that the charges against him were sustained solely on the basis of tainted and illegal evidence.
Order affirmed, without costs. (See Matter of Zuckerman, 20 N.Y.2d 430, 285 N.Y.S.2d 1, 231 N.E.2d 718, cert. denied 390 U.S. 925, 88 S.Ct. 856, 19 L.Ed.2d 985, decided January 29, 1968).
All concur, FULD, C.J., in the following memorandum:
Despite the views which I expressed in dissent in Matter of Zuckerman, 20 N.Y.2d 430, 439, 285 N.Y.S.2d 1, 231 N.E.2d 718, to which I still subscribe, I feel constrained by the court's decision in that case and, accordingly, concur for affirmance.
To continue reading
Request your trial
-
Black v. State Bar
... ... Block, 383 Mich. 384, 175 N.W.2d 769, 771 et seq.; In re Klebanoff, 21 N.Y.2d 920, 289 N.Y.S.2d 755, 237 N.E.2d 75, cert. den. 393 U.S. 840, 89 S.Ct. 118, 21 L.Ed.2d 110; Zuckerman v. Greason, 20 N.Y.2d 430, 285 ... Prior thereto she had complained to the State Bar regarding the matter ... Petitioner, when asked what caused the delay in Mrs. Brown's receiving her money, testified: The draft was on an out-of-state ... ...
-
Segretti v. State Bar
... ... No appeal was filed from the judgment. After our receipt of the record of [15 Cal.3d 882] conviction, we referred the matter to the State Bar for a hearing and report as to whether the facts and circumstances surrounding the offenses involved moral turpitude or other ... v. Sugarman, supra; Committee on Legal Ethics of West Virginia State Bar v. Graziani, supra; In re Klebanoff (1968) 21 N.Y.2d 920, 289 N.Y.S.2d 755, 237 N.E.2d 75 (cert. den. 393 U.S. 840, 89 S.Ct. 118, 21 L.Ed.2d 110); cf. Napolitano v. Ward (7 Cir. 1972) ... ...
-
Maryland State Bar Ass'n, Inc. v. Sugarman
... ... The matter ultimately came on for hearing before a panel of three judges of the Sixth Judicial Circuit designated by us under the provisions of Rule BV3b to ... [329 A.2d 6] Contentions similar to that raised by Sugarman were considered and rejected in In re Klebanoff, 21 N.Y.2d 920, 289 N.Y.S.2d 755, 237 N.E.2d 75, cert. denied, 393 U.S. 840, 89 S.Ct. 118, 21 L.Ed.2d 110 (1968), and in In re Schwarz, 51 Ill.2d ... ...
-
Anonymous Attorneys v. Bar Ass'n of Erie County
...393 N.Y.S.2d 961 ... 41 N.Y.2d 506, 362 N.E.2d 592 ... In the Matter of ANONYMOUS ATTORNEYS, Appellants, ... BAR ASSOCIATION OF ERIE COUNTY, Respondent ... In the Matter of ANONYMOUS, an Attorney, Appellant, ... BAR ... as punishment upon conviction for a criminal offense committed in violation of the Penal Law or other statute of the State (Matter of Klebanoff, 21 N.Y.2d 920, 289 N.Y.S.2d 755, 237 N.E.2d 75, cert. den., 393 U.S. 840, 89 S.Ct. 118, 21 L.Ed.2d 110; Matter of Zuckerman, 20 N.Y.2d 430, 285 ... ...