In re Rud , 35 N.Y.S.2d 899 ( 1942 )

Martin, P. J.

(dissenting). It is unnecessary to repeat the facts in this case for the reason that they are set forth in the prevailing opinion, and conclusively establish the unfitness of the respondent to remain a member of the bar. The facts in the Engler case differ substantially from those in the present case. In addition, mitigating circumstances present in the Engler case were taken into consideration by the court.

I vote to disbar the respondent.

Respondent suspended for one year.