In re Capoccia

— Petitioner moves to confirm in part and to disaffirm in part the report of the referee to whom the issues were referred in this attorney disciplinary proceeding. Respondent, who was admitted to the Bar by this court on January 18, 1974 and maintains an office for the practice of law in the City of Albany, cross-moves to disaffirm the report and also requests that the matter be reopened and remanded to the referee for the purpose of permitting him to testify in his own behalf.

By way of background, the original petition containing eight charges of misconduct was filed in May, 1982 and was…