PER CURIAM — The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts served the respondent with a verified petition dated July 12, 2018, containing seven charges of professional misconduct. The respondent submitted a verified answer dated August 16, 2018, in which he admitted all charges. After a pretrial conference on January 4, 2019, and a hearing on February 20, 2019, the Special Referee issued a report dated April 23, 2019, finding the charges have been admitted. 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 deem just and proper. The respondent’s counsel submitted an affirmation in response, requesting the Court to issue an order confirming the report of the Special Referee, and imposing a censure, in view of the mitigating factors presented and as reported by the Special Referee. Charge one alleges that the respondent misappropriated funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: At all times relevant to this petition, the respondent maintained an attorney escrow account at JPMorgan Chase Bank, account no. xxxxx0192, entitled “FONTI & FONTI ESQS ATTORNEY TRUST ACCOUNT IOLA,” (hereinafter the escrow account). On October 21, 2015, the respondent deposited a $305,000 down payment into the escrow account with respect to the sale of a property owned by his client, 2249-86th Street, LLC, managed by Eric Aminoff. Pursuant to the contract of sale dated October 2015, the respondent was required to hold the down payment in escrow until closing. The closing occurred on January 28, 2016. By December 31, 2015, the balance in the escrow account had been depleted to $167,877.95, which was less than the $305,000 the respondent should have been holding pursuant to the sale. Charge two alleges that the respondent misappropriated funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: On January 4, 2016, the respondent deposited an $85,000 down payment into the escrow account with respect to the sale of a property owned by his client, Chris Dam. Pursuant to the contract of sale dated January 5, 2016, the respondent was required to hold the down payment in escrow until closing. The closing occurred on March 23, 2016. By March 11, 2016, the balance in the escrow account had been depleted to $15,162.43, which was less than the $85,000 the respondent should have been holding pursuant to the sale. Charge three alleges that the respondent misappropriated funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: On February 9, 2016, the respondent deposited a $50,000 down payment into the escrow account with respect to the sale of a property belonging to his client, Maria Sangiorgio. Pursuant to the contract of sale dated February 2016, the respondent was required to hold the down payment in escrow until closing. The closing occurred on June 21, 2016. By April 14, 2016, the balance in the escrow account had been depleted to $4,878.86, which was less than the $50,000 the respondent should have been holding pursuant to the sale. Charge four alleges that the respondent misappropriated funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: On June 3, 2016, the respondent deposited a $60,000 down payment into the escrow account with respect to the sale of a property owned by his client, John Moceo. Pursuant to the contract of sale dated June 2, 2016, the respondent was required to hold the down payment in escrow until closing. The closing occurred on September 15, 2016. By July 18, 2016, the balance in the escrow account had been depleted to $12,372.82, which was less than the $60,000 the respondent should have been holding pursuant to the sale. Charge five alleges that the respondent misappropriated funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: On August 12, 2016, the respondent deposited a $20,000 down payment into the escrow account with respect to the sale of a property owned by his client, Lawrence Port. Pursuant to the contract of sale dated August 12, 2016, the respondent was required to hold the down payment in escrow until closing. The closing occurred on October 12, 2016. By September 27, 2016, the balance in the escrow account had been depleted to $1,968.16, which was less than the $20,000 the respondent should have been holding pursuant to the sale. Charge six alleges that the respondent misappropriated funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: On September 28, 2016, the respondent deposited a $50,000 down payment into the escrow account with respect to the sale of a property owned by his client, the estate of Murray Hochberg. Pursuant to the contract of sale, the respondent was required to hold the down payment in escrow until closing. The closing occurred on December 22, 2016. By October 6, 2016, the balance in the escrow account had been depleted to $2,440.58, which was less than the $50,000 the respondent should have been holding pursuant to the sale. Charge seven alleges that the respondent commingled personal funds with funds entrusted to him as a fiduciary, incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows: Between October 1, 2015 and February 28, 2017, the respondent deposited funds entrusted to him as a fiduciary, incident to his practice of law, into the escrow account. During that period, the respondent deposited non-escrow funds, totaling $405,000, into the escrow account, as follows:
