In re Zalk

Sweeny, J. (dissenting).

I am compelled to dissent on a matter of law. Specifically, I disagree with the majority’s determination that the Dead Man’s Statute (CPLR 4519) does not apply in all phases of a disciplinary proceeding. The history of our Court and the language of the statute dictate otherwise.

The majority correctly applies the statute in addressing the substance of the proceedings, yet inexplicably and, I submit, without foundation, simply rules it does not apply in determining an appropriate sanction. This is not only a misreading of Matter of Prounis (230 AD2d 55, 57 [1997]), but a…