In re Capoccia

The petition of charges commencing this attorney disciplinary proceeding was filed on September 11, 1987. Respondent is an Albany attorney admitted to practice in this department in 1974.

Following denial of his motion to dismiss the petition on various grounds, respondent filed an answer which denied the charges in the petition and raised several affirmative defenses. Thereafter, in response to petitioner’s motion for a reference, respondent cross-moved for an order denying the reference on the ground no factual issues were in dispute and for a further order requiring the parties to attempt…