Legal Opinion

In re Ropiecki

Appellate Division of the Supreme Court of the State of New York

Decided November 13, 1935PublishedCited by 8 opinions

1Opinion of the CourtEdgcomb, J.

This is a disciplinary proceeding. Respondent has been charged with converting to his own use money which belonged to his clients, and which was turned over to him for a specific purpose. We regret to say that we are forced to the conclusion that he is guilty of the accusations made against him.

A disciplinary proceeding is in no sense a criminal one, and *81the statutory rules relating to the presumption of innocence and the burden of establishing the respondent’s guilt beyond a reasonable doubt do not apply. (Matter of Randel, 158 N. Y. 216; Matter of Spenser, 143 App. Div. 229, 236; affd., 203…

2Cases cited5 opinions

  1. Charges of Association of the Bar v. RandelNew York Court of Appeals · 1899
  2. In re BabcockAppellate Division of the Supreme Court of the State of New York · 1930
  3. In re spenserAppellate Division of the Supreme Court of the State of New York · 1911
  4. In re PowersAppellate Division of the Supreme Court of the State of New York · 1932
  5. In re BauderAppellate Division of the Supreme Court of the State of New York · 1908

3Cited by8 opinions

  1. In Re NovoSupreme Court of Louisiana · 1942
  2. In re MaloneAppellate Division of the Supreme Court of the State of New York · 1984
  3. In re MahonAppellate Division of the Supreme Court of the State of New York · 1962
  4. In re PeltzAppellate Division of the Supreme Court of the State of New York · 1965
  5. In re CrittendenAppellate Division of the Supreme Court of the State of New York · 1938

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