In re Ellenbogen

Three charges of misconduct were made against the respondent. The Referee appointed by this court sustained one of them. The charge that was sustained involved the retention of a sum of money by the respondent which he claimed was paid as a fee, but which his client claimed was given to him for the purpose of deposit in court as a tender in a pending action. The money was refunded to the client prior to the commencement of these proceedings. On the record before us, we confirm the Referee’s report and find the respondent guilty of professional misconduct.

*238Taking cognizance of the respondent’s…