MATTER OF AXTELL, 257 N.Y. 210 (1931)

177 N.E. 423

In the Matter of SILAS B. AXTELL, an Attorney, Appellant. ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of the State of New York.Argued May 14, 1931
Decided July 15, 1931

Appeal from the Supreme Court, Appellate Division, First Department.

George V.A. McCloskey and Silas B. Axtell for appellant.

Sidney Handler, James A. Delehanty and Isidor J. Kresel for respondents.

Per Curiam.

The acts of solicitation proved against the appellant attorney are extenuated, but not excused, by his relations to the mariners’ union and to foreign consulates.

Page 211

The sentence of disbarment is a severe one, but misconduct being proved, the punishment to follow was to be determined by the Appellate Division, and is not subject to revision here (Matter of Hawes, 217 N.Y. 602).

The court that pronounced the sentence has jurisdiction exclusive of any other to mitigate its rigor.

The order should be affirmed.

CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O’BRIEN and HUBBS, JJ., concur.

Order affirmed.