In the Matter of George W. Conaty, Jr., Respondent, and Grievance Committee of the Seventh Judicial District, Petitioner.

Supreme Court of New York, Appellate Division, Fourth Department

172 A.D.2d 139; 578 N.Y.S.2d 303; 1991 N.Y. App. Div. LEXIS 15933

November 15, 1991, Filed.

PRIOR HISTORY: Disciplinary proceedings instituted by the Grievance Committee of the Seventh Judicial District. Respondent was admitted to the Bar on December 6, 1967, at a term of the Appellate Division of the Supreme Court in the Fourth Judicial Department.

HEADNOTES: Attorney and Client -- Disciplinary Proceedings

Respondent attorney, who was convicted of failing to file State income tax returns, with intent to evade payment of taxes, is suspended from the practice of law for one year, taking into consideration respondent's previous conviction for failure to file income taxes and his excellent reputation for dedicated service to the community and to his clients.

COUNSEL: Geiger & Rothenberg (David Rothenberg of counsel), for respondent.

Daniel Drake for petitioner.

JUDGES: Callahan, A. P. J., Doerr, Denman, Green and Balio, JJ., concur.

OPINION OF THE COURT

Respondent was admitted to practice as an attorney-at-law by this court on December 6, 1967, and maintains an office for the practice of law in the Fourth Judicial Department.

By order entered November 29, 1990, this court suspended respondent from the practice of law based upon his conviction in the City Court of the City of Albany, New York, on November 20, 1990, in violation of Tax Law @1801 for failing to file New York State income tax returns for the years 1986 and 1987, with intent to evade the payment of taxes. By further order of this court, entered January 25, 1991, the Honorable Peter E. Corning was appointed Referee to take such proof as respondent might offer in mitigation of his conduct and to report his findings to this court.

The Referee filed his report, dated July 30, 1991, and based upon the findings in the report we determine that respondent should be suspended from the practice of law for a period of one year commencing on November 29, 1990 and until further order of this court. In determining the appropriate measure of discipline, we have considered respondent's previous conviction for failure to file income taxes (see, Matter of Conaty, 71 AD2d 365) as well as his excellent reputation for dedicated service to the community and to his clients.