In re Kuschner

OPINION OF THE COURT

In this proceeding, the Special Referee sustained the three charges of professional misconduct against the respondent. The petitioner moves to confirm the report of the Special Referee and the respondent cross-moves to disaffirm the report and, in the alternative, should the charges be sustained, to limit the sanction imposed to a censure.

Charge One alleged that the respondent was convicted of a "serious crime” within the meaning of Judiciary Law § 90 (4) (d) and 22 NYCRR 691.7 (b). The respondent pleaded guilty on September 2, 1992, before the Honorable Larry Rosen,…