PER CURIAM — The Grievance Committee for the Tenth Judicial District served the respondent with a verified petition dated July 31, 2018, containing six charges of professional misconduct. The respondent filed a verified answer dated August 20, 2018. After a preliminary conference held on November 1, 2018, and a hearing conducted on December 4, 2018, the Special Referee filed a report dated February 4, 2019, in which he sustained the charges, except for charge two, which had been withdrawn by the Grievance Committee at the hearing. The Grievance Committee now moves to confirm the Special Referee’s report and to impose such discipline as the Court deems just and proper. The respondent requests that this Court impose a private reprimand in view of the evidence presented in mitigation. The Petition Charge one alleges that the respondent failed to preserve funds belonging to other persons entrusted to her as a fiduciary, incident to her practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: At all relevant times, the respondent maintained an attorney escrow account denominated “Mary T. Lucere PLLC Attorney at Law IOLA Account,” account number ending 3868, at Capital One Bank (hereinafter the IOLA account), which she used incident to her practice of law, and into which she deposited client or other third-party funds. Between December 1, 2015, and June 30, 2016, the respondent was entrusted with client or third-party funds as a fiduciary, which funds were to be preserved in the IOLA account in connection with client transactions. On December 1, 2015, the respondent was required to have on deposit $109,014.99 for six client matters (Buonomo, Carvel, Goodman, Robson, Wightman, and Hamilton). However, the IOLA account balance on that date was $105,263.09. The resulting $3,751.90 IOLA account deficiency remained between December 1, 2015, and December 29, 2015. On December 31, 2015, the respondent was required to have on deposit $59,812.99 for seven client matters (Buonomo, Carvel, Goodman, Robson, Wightman, Hamilton, and Walker). However, the IOLA account balance on that date was $42,061.07. Between January 1, 2016, and January 31, 2016, the IOLA account balance fell below the amount the respondent was required to maintain on the following dates as follows:
DateDeficiency 1/1/16$17,751.92 1/4/16$10,751.90 1/5/16$ 3,751.90 1/13/16$ 319.90 1/20/16$ 319.90 1/26/16$ 319.90 1/28/16$ 319.90 1/29/16$ 319.90
