Opinion
June 30, 1959.
Raymond P. Whearty of counsel ( Frank H. Gordon, attorney), for petitioner.
No appearance for respondent.
This is a motion in a disciplinary proceeding to confirm the report of the Special Referee which found the respondent guilty of charges of misconduct.
The respondent is charged with converting escrow funds and avoiding process in violation of canon 11 of the Canons of Professional Ethics.
The evidence is uncontroverted that the respondent, attorney for the seller of certain realty, converted escrow funds entrusted to him for completion of work upon the properties. In a subsequent action for conversion by the purchasers, the respondent defaulted in appearance and avoided process in supplemental proceedings. The Referee's report is confirmed.
In view of the fact that the respondent failed to appear in any of the disciplinary proceedings before the Grievance Committee and the Special Referee and failed to present any mitigating circumstances with respect to his misconduct, he should be disbarred and his name stricken from the roll of attorneys and counsellors at law.
BREITEL, J.P., RABIN, M.M. FRANK, McNALLY and STEVENS, JJ., concur.
Respondent disbarred.