From Casetext: Smarter Legal Research

Matter of Anonymous

Court of Appeals of the State of New York
Mar 31, 1966
216 N.E.2d 612 (N.Y. 1966)

Opinion

Argued February 24, 1966

Decided March 31, 1966

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.

Alfred Berman and Nanette Dembitz for appellant. Louis J. Lefkowitz, Attorney-General ( Daniel M. Cohen and Samuel A. Hirshowitz of counsel), in support of order of Appellate Division.


We find an insufficient basis for concluding that the petitioner was evasive or equivocal in testifying about his political activities. We remit to the Appellate Division to determine whether he should be denied admission to the Bar solely on the basis of the false answers made in his applications more than 15 years ago, particularly since the record before us indicates that he has led an exemplary life in the intervening years. (Cf. Matter of Crosby, 285 App. Div. 859; Matter of Buchbinder, 19 A.D.2d 117, 118; Schware v. Board of Bar Examiners, 353 U.S. 232, 241, 243, 251.) The order of the Appellate Division should be reversed and the matter remitted to that court for further proceedings.

Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING concur.

Order reversed, without costs, and matter remitted to the Appellate Division for further proceedings in accordance with the opinion herein.


Summaries of

Matter of Anonymous

Court of Appeals of the State of New York
Mar 31, 1966
216 N.E.2d 612 (N.Y. 1966)
Case details for

Matter of Anonymous

Case Details

Full title:In the Matter of ANONYMOUS, Appellant

Court:Court of Appeals of the State of New York

Date published: Mar 31, 1966

Citations

216 N.E.2d 612 (N.Y. 1966)
216 N.E.2d 612
269 N.Y.S.2d 454

Citing Cases

Matter of Bell v. Waterfront Comm

Although the petitioner's past activities might be relevant to establish a chain of intrigue continuing into…

Tang v. Appellate Division of the New York Supreme Court, First Department

" Grubb v. Public Util. Comm'n, 281 U.S. 470, 477-478, 50 S.Ct. 374, 377, 74 L.Ed. 974 (1930). N.Y.Const.…