PER CURIAM — The Grievance Committee for the Tenth Judicial District served the respondent with a verified petition dated March 20, 2018, containing three charges of professional misconduct. After a pretrial conference on September 27, 2018, and a hearing on October 30, 2018, the Special Referee issued a report dated December 3, 2018, sustaining all charges. The Grievance Committee now moves for an order confirming the report of the Special Referee, imposing such discipline upon the respondent as the Court deems appropriate, and for such other relief as the Court may seem just and equitable. Although duly served with the Grievance Committee’s motion, the respondent has not submitted papers in response or requested additional time in which to do so. Charge one alleges that the respondent misappropriated client funds, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0). At all times relevant herein, the respondent maintained an attorney escrow account at Citibank titled “O’Leary & O’Leary” (hereinafter the escrow account). On March 11, 2016, the respondent, as attorney for the seller in a real estate transaction, Mark Cotone, deposited a $14,125 down payment into his escrow account. After making this deposit, the balance in the respondent’s escrow account was $14,136.33. While entrusted with the Cotone down payment, between March 11, 2016, and May 13, 2016, the respondent issued to himself 24 checks from the escrow account, totaling $11,491. None of these checks issued were in relation to the Cotone transaction. By virtue of the disbursements to himself, the balance in the respondent’s escrow account fell below the amount he was required to maintain for the Cotone transaction on 24 dates, from March 14, 2016, through May 16, 2016. After the Cotone closing, on or about May 16, 2016, the respondent disbursed the proceeds of sale to his client by escrow check no. 8033 in the sum of $13,125. On May 24, 2016, this check was returned by Citibank because there were insufficient funds in the escrow account. A few days later, on May 26, 2016, the respondent deposited personal funds in the sum of $7,170 into the escrow account, and that same day paid Cotone $9,600, via wire transfer from the escrow account. On June 1, 2016, the respondent deposited an additional $3,611 in personal funds into the escrow account, and that same day paid Cotone $3,561, via wire transfer from the escrow account. The respondent made no further payments to Cotone. Charge two alleges that the respondent commingled client funds with his own funds in the escrow account, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0). In addition to the factual specifications supporting charge one, from June 17, 2016, through August 19, 2016, the respondent deposited personal funds into the escrow account, as follows:
Date Amount June 17, 2016 $7,165 June 24, 2016 $ 65 June 30, 2016 $ 380 August 19, 2016 $ 400
