Saferstein v. Lawyers' Fund for Client Protection

Appeal from a judgment of the Supreme Court (Bradley, J.), entered March 3, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his claim for reimbursement.

Petitioner commenced this CPLR article 78 proceeding challenging respondent’s denial of his request for reimbursement based on the alleged misconduct of his former attorney. By way of background, petitioner was assigned a mortgage in 1987 which, it was ultimately discovered, had been fraudulently altered in 1983 in that the name of the…