In re Nitsberg

OPINION OF THE COURT

Respondent was indefinitely suspended in 1974 (Matter of Nitsberg, 44 AD2d 826).

The Grievance Committee for the Tenth Judicial District has brought to our attention the fact that the respondent was practicing law in Nassau County, with a law office and a telephone listing and advertising in the local newspaper.

The original suspension was made in the course of a disciplinary proceeding on the basis of the respondent’s *490mental incapacity due to psychiatric problems. His attorney now attempts to excuse the violation of subdivision 2 of section 90 of the Judiciary Law on the…