In re Berger

OPINION OF THE COURT

Respondent Marshall C. Berger was admitted to the practice of law in the State of New York by the First Judicial Department on December 3, 1956 and, at all times relevant herein, has maintained an office for the practice of law within the First Judicial Department.

Respondent, on or about June 27, 2002, was served with a notice and statement of charges by the Departmental Disciplinary Committee (the Committee) charging respondent with: two counts of violating New York Code of Professional Responsibility DR 1-102 (a) (4) (22 NYCRR 1200.3), in that he engaged in conduct…