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Mitigating Factors

An attorney who had engaged in misconduct that included misappropriation of entrusted funds was suspended for one year by the New York Appellate Division for the Second Judicial Department. The court looked to the following mitigating factors:

In determining an appropriate measure of discipline to impose, we haveconsidered the substantial mitigating factors, including therespondent’s previously unblemished record, the lack of economic harmto any client, the respondent’s sincere remorse, the positive characterevidence submitted, the prompt remedial measures undertaken and, as theSpecial Referee noted, the fact that the underlying events took placeover a limited period during which the respondent was experiencingmedical problems and adverse reactions to prescribed medications. Underthe circumstances, the respondent is suspended for a period of oneyear.

(Mike Frisch)