In re O'Doherty

McNally, J. (dissenting).

I am not in accord with the majority and therefore must dissent. In my view the discipline imposed is entirely too severe.

Respondent was admitted to practice in this State in December, 1946. In this disciplinary proceeding, a Referee has found that between February 29, 1952 and March 25, 1954 respondent *12applied to Ms own use funds of clients who have been fully reimbursed and have accepted the explanations of respondent.

While it is true that the charges represent derelictions that cannot be overlooked, there are, however, mitigating circumstances. At the time of the…