Nearing, In re
| Citation | 229 N.Y.S.2d 567,16 A.D.2d 516 |
| Parties | In the Matter of Vivienne W. NEARING, an Attorney. |
| Decision Date | 28 June 1962 |
| Court | New York Supreme Court Appellate Division |
Eric Nightingale, New York City, for petitioner.
Edward N. Costikyan, New York City, of counsel (John Lyon, New York City, with him on the brief; Paul, Weiss, Rifkind, Wharton & Garrison, New York City, attorneys), for respondent.
Before BOTEIN, P. J., and BREITEL, STEVENS, EAGER and STEUER, JJ.
Respondent was admitted to the bar in 1951 following notable scholastic achievements in college, post-graduate school and law school. Both prior and subsequent to her admission, she did research work for and collaborated with eminent figures in the world of jurisprudence. In 1956 she joined the legal staff of a large corporation, where she has been since. She served and is still serving on various committees of an association having to do with legal aspects of the industry. Her service has, in addition to giving satisfaction to her employers, earned a high degree of approbation from distinguished members of the bar with whom she has come in contact.
In the winter of 1957 she made four appearances as a contestant on a television quiz program called information and their feats of recollection, were bona fide when in fact they were staged and the program, consequently, was a hoax on the viewing public.
Following various developments in the investigation of the program, respondent, at her own request, went before another grand jury and, admitting the falsity of her prior answers, testified as to the true facts. An information for perjury in the second degree was filed against her, to which she pleaded guilty. Prior to her second appearance before a grand jury, she had received competent legal advice to the effect that if she kept silent it would be virtually impossible for the District Attorney to convict her as the result of her earlier testimony; and when the information was filed against her she refused to allow her counsel to present a defense based on technical objections to the information. Furthermore, she was the first of the mumerous people connected with the investigation to make a public exposure of the facts.
She has been charged with 'conduct prejudicial to the administration of justice', pursuant to Judiciary Law, § 90, subd. 2. Under this section, disbarment is not automatic and the discipline to be applied rests in the discretion of the court (Matter of Donegan, 282 N.Y. 285, 288, 293, 26 N.E.2d 260, 261, 263). No factual or legal question is presented on this application other than the...
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