In re Hoehlein — 87 A.D.2d 855

Majority

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In the Matter of Joseph A. Hoehlein, an Attorney, Respondent. Grievance Committee for the Tenth Judicial District, Petitioner.

In this proceeding to discipline respondent upon charges of misconduct, respondent has submitted an affidavit dated November 16, 1981 in which he tenders his resignation as attorney and counselor at law. Respondent was admitted to practice by this court on May 15, 1940. Respondent acknowledges that there are four allegations of misconduct pending against him involving possible conversion of funds totaling at least $9,880. The respondent states in his affidavit that his resignation is freely and voluntarily rendered; that he is not being subjected to coercion or duress; and that he is fully aware of the implication of submitting his resignation. Respondent further acknowledges that if a disciplinary proceeding was commenced against him based upon the afore-mentioned allegations of misconduct, it is his belief that he could not

p. 856

successfully defend himself on the merits. Under the circumstances herein, respondent’s resignation as a member of the Bar is accepted and directed to be filed; and it is ordered that respondent’s name be struck from the roll of attorneys and counselors at law effective forthwith. Mollen, P. J., Damiani, Titone, Mangano and Brown, JJ., concur.