In the Matter of Charles O. Baisch, an Attorney, Respondent, and Grievance Committee of the Seventh Judicial District, Petitioner.

Supreme Court of New York, Appellate Division, Fourth Department

120 A.D.2d 72; 507 N.Y.S.2d 945

November 10, 1986

PRIOR HISTORY: Disciplinary proceedings instituted by the Grievance Committee of the Seventh Judicial District. Respondent was admitted to the Bar on August 27, 1971, at a term of the Appellate Division of the Supreme Court in the Fourth Judicial Department.

HEADNOTES: Attorney and Client -- Disciplinary Proceedings

Respondent attorney, convicted in Federal court of four misdemeanor counts of willful failure to file income tax returns, is suspended for six months and until further order of the court.

COUNSEL: Gerard M. LaRusso for petitioner.

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

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

OPINION OF THE COURT

Respondent was admitted to practice as an attorney and counselor-at-law in the State of New York by this court on August 27, 1971. On May 20, 1986, a judgment of conviction [*73] was entered against him in the United States District Court for the Western District of New York, after a jury trial, of four misdemeanor counts of willful failure to file income tax returns for the years 1979 through 1982, all in violation of 26 USC @ 7203. Thereafter, on July 17, 1986, he was automatically suspended from the practice of law by order of this court pursuant to Judiciary Law @ 90 (4) (f).

Respondent was convicted of a serious crime as defined by Judiciary Law @ 90(4) (d), and his conduct constitutes a violation of Code of Professional Responsibility, EC 1-1, EC 1-5 and DR 1-102. He should be suspended from the practice of law for a period of six months commencing on July 17, 1986 and until further order of this court.