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MATTER OF CAPOCCIA

59 N.Y.2d 549 (1983)

In the Matter of Andrew F. Capoccia, an Attorney, Appellant. Committee on Professional Standards, Third Judicial Department, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1983.

Attorney(s) appearing for the Case

Hyman Bravin and Melvin Hirshowitz for appellant.

Thomas D. Gardner and George B. Burke for respondent.

Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER and SIMONS concur.

JONES, J.

The standard of proof for a determination of professional misconduct in an attorney's disciplinary proceeding is a fair preponderance of the evidence, not clear and convincing evidence. In the absence of good cause shown why a hearing conducted incident to such proceedings should not be open to the public, on a written waiver of confidentiality by the attorney respondent in such proceedings and a request...

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