Matter of Kimball

33 NY2d 586 (1973)

Harris L. Kimball passed the New York State Bar exam, and the Committee on Character and Fitness reported that he possessed the requisite character and fitness for an attorney-at-law “notwithstanding the admission of the applicant to being a homosexual and having engaged in homosexual acts.” The Committee made no further recommendation, and the Appellate Division denied Kimball’s application for admission. On appeal, the New York Court of Appeals held that “while Kimball’s status and past conduct may be now and has been in the past violative of accepted norms, they are not controlling, albeit relevant, in assessing character bearing on the right to practice law in this State.”

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