This case is being heard in the Appellate Division of the Supreme Court of the State of New York, First Department. The matter involves the attorneys Seymour S. Detsky and Herbert S. Kassner, who are also the respondents in the case. The petitioners in the case are Michael A. Gentile and Jeremiah B. McKenna.
The petitioners of this case, Michael A. Gentile and Jeremiah B. McKenna were directed to act as counsel and investigate the existence of unethical and improper practices engaged in by the respondent attorneys. The improper practices include representing sexually oriented enterprises.
A New York DWI Lawyer said the petitioners have moved to confirm the order that was made by Referee Frank J. McNabb that recommends charges that were made against Herbert S. Kassner are dismissed. It is also recommended that respondent Seymour S. Detsky should be disbarred. This report was referred to the court by a Notice of Motion made by the petitioner and dated the 30th of December, 1982.
The respondent Detsky has made a cross motion for an order that disaffirms the report made by the referee and dismisses the petition. In addition, he wishes to be granted oral arguments in the chambers of the Appellate Division.
Respondent Kassner has been in practice since the 21st of December, 1955. Respondent Detsky entered into practice on the fourth of March, 1946. During the time that the charges take place the two attorneys were in practice together as the law firm Kassner & Detsky. Their offices were located in the First Judicial Department.
The petition as began against the respondents on the 9th of May, 1980. There are three charges within the petition.
The first charge involves a violation of the Code of Professional Reliability. It is alleged that the respondents accepted a weekly retainer for $125 a week from Michael Foglio and Peter Johns who owned and operated a massage parlor. A New York DWI Lawyer said that in return for this retainer the respondents were to represent both Foglio, Johns, and any of their employees/prostitutes if any of them were arrested for prostitution or for permitting prostitution.
The second charge states that the respondents counseled Johns and his new business partner Murray Cohen in how their employees could solicit customers without being arrested by plainclothes police officers.
The third charge states that the respondents solicited and received a bribe to pay the law secretary of a judge in order to make sure that there was a favorable outcome in a criminal case.
Case Discussion and Decision
Frank J. McNabb was appointed as the referee for this particular case. He found that all three of the charges against Detsky were proven. There is overwhelming evidence supplied for the third charge of taking a bribe to pay a judge’s secretary. The respondent Detsky admitted to an undercover police officer that he had taken a bribe for $1000 to pay the secretary.
We find that all of the charges of Detsky are held true and the application for oral argument of the report is denied.
In regard to the respondent Kassner, the referee feels that all charges should be dismissed. A Nassau County Sex Crimes Lawyer said there is no evidence to support that Kassner knew anything about the dealings from charges one and two and that he had nothing to do with the bribe from charge three.
The court agrees with the referee in this matter and all complaints against Kassner are dismissed.
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