Pietranico v. Ambach

Herlihy, J. (concurring in part and dissenting in part).

Although we have no controversy with the majority’s finding with respect to professional misconduct, we dissent because we consider the respondents’ decision concerning punishment to be an aberration and shocking to one’s sense of fair play. It is seldom that punishment imposed by respondents requires the intervention of the court on the theory that the decision is arbitrary, capricious and lacks a rational basis, but this is not a perfect world and misjudgments and errors are committed by the best of authority. Such is the punishment…