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In re Oppenheim

139 N.Y.S. 1053 Court N.Y. App. Div. Decision date 1913-02-07 English

Delivered by INGRAHAM, P. J.

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p. 1053
In re OPPENHEIM.
(Supreme Court, Appellate Division, First Department.
February 7, 1913.)

Headnote

Attorney and Client (§ 61[1] )—Disbarment—Reinstatement.
Where the referee, on petition by an attorney for a rehearing of the application to disbar him and for his reinstatement, found that the attorney was not guilty of the charges on which he was disbarred, and the representative of the Bar Association appearing before the referee approved his report, the court will reinstate the attorney.
[Ed. Note.—For other cases, see Attorney and Client, Cent. Dig. § 84; Dec. Dig. § 61.*]
In the matter of the application of Benjamin Oppenheim, an Attorney, for a rehearing of the application to disbar him, and for his reinstatement.
Reinstatement ordered.
See, also, 146 App. Div. 775 , 131 N. Y. Supp. 423 .
p. 1054
Argued before INGRAHAM, P. J., and McLAUGHLIN, LAUGH-LIN, CLARKE, and SCOTT, JJ.

This proceeding came before the court on the-petition of the respondent for a rehearing of the application to disbar him and for his reinstatement. The opinion of this court in the original disbarment proceeding ( 58 App. Div. 510 , 69 N. Y. Supp. 524 )* contains a full statement of the facts. The matter was referred to the-official referee, who has reported in favor of the application, and that: the respondent should be reinstated.

The facts that have developed since the original application was-heard are fully set forth in the report of the referee, and it is quite-evident that the witnesses before the referee in the original proceeding are thoroughly discredited, and that a finding based upon their evidence should not be allowed to stand; and as the referee is now-satisfied that, as an original proposition, the respondent was not guilty of the charges upon which he was disbarred, and as the representative-of the Bar Association, who appeared before the referee, has approved; the report of the referee, I think that we should, on his report, reinstate the respondent as an attorney and counselor at law.

It is so ordered. All concur.

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