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MATTER OF MICHAEL BERGER

283 A.D.2d 31 (2001)

724 N.Y.S.2d 772

In the Matter of SCOTT MICHAEL BERGER, an Attorney, Respondent. GRIEVANCE COMMITTEE FOR THE SECOND AND ELEVENTH JUDICIAL DISTRICTS, Petitioner.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 29, 2001.

Attorney(s) appearing for the Case

Diana Maxfield Kearse, Brooklyn (Robert J. Saltzman and Diana J. Szochet of counsel), for petitioner.

Gentile, Brotman, Maltz & Benjamin, New York City (Susan Brotman of counsel), for respondent.

BRACKEN, P. J., O'BRIEN, RITTER, SANTUCCI and FRIEDMANN, JJ., concur.

OPINION OF THE COURT

Per Curiam.

The Grievance Committee served the respondent with a petition containing two charges of professional misconduct. The Special Referee sustained both charges after a hearing. The petitioner now moves to confirm the Special Referee's report and to impose such discipline upon the respondent as the Court deems appropriate. The respondent cross-moves for an order disaffirming the Special Referee's report and dismissing the proceeding...

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