PER CURIAM — The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts served the respondent with a verified petition dated April 18, 2018, containing seven charges of professional misconduct. The respondent served and filed a verified answer dated June 14, 2018, and an amended verified answer dated August 14, 2018. After a preliminary conference on January 30, 2019, and a hearing on March 27, 2019, the Special Referee submitted a report dated July 8, 2019, sustaining all seven charges. The petitioner now moves to confirm the report of the Special Referee, and to impose such discipline upon the respondent as the Court deems just and proper. The respondent’s counsel has submitted an affirmation in response requesting that the Court disaffirm the findings of the Special Referee and dismiss the charges, but if the Court decides to impose discipline, that it be limited to a public censure. The Petition 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 hereinafter mentioned, the respondent maintained an attorney escrow account at TD Bank, account no. x-0556, entitled “Neil Luke IOLA Trust Account” (hereinafter the escrow account). On July 18, 2013, the respondent’s escrow account had a zero balance. On July 19, 2013, the respondent deposited $10,000 into his escrow account on behalf of clients Eric Thompson and Carlton Mims, in connection with a title dispute over a parcel of property (hereinafter the Thompson/Mims matter). On July 25, 2013, the respondent deposited $140,000 into his escrow account on behalf of Eric Thompson in connection with a title dispute over a separate parcel of property (hereinafter the Thompson matter). By September 27, 2013, prior to disbursing any funds on the Thompson or Thompson/Mims matters, the balance in the respondent’s escrow account had been depleted to $138,865, which is below the $150,000 he should have been holding for these clients. 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 August 28, 2013, the respondent deposited $2,600 into his escrow account on behalf of a client, Precise Management. On August 28, 2013, the respondent issued escrow check no. 1002 to Precise Management for $3,000, which was $400 more than he had on deposit for that client. On August 29, 2013, escrow check no. 1002, in the amount of $3,000, payable to Precise Management, cleared the respondent’s escrow account, in part, against other client funds in the account. 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 October 16, 2013, the respondent deposited a $10,800 down payment into his escrow account on behalf of his client, Ashton Decoteau, the seller in a real estate transaction. By December 31, 2013, prior to making any disbursements on behalf of Decoteau, the balance in the respondent’s escrow account had been depleted to $6,930. 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 July 25, 2013, the respondent deposited $57,677.66 into his escrow account on behalf of himself and his family for the purchase of property located in Irvington, New Jersey (hereinafter the Irvington property). On July 25, 2013, the respondent deposited $10,000 into his escrow account, on behalf of himself and his family, to be used for the purchase of the Irvington property, bringing the total funds on deposit to $67,677.66. On July 26, 2013, the respondent wired $67,702.66 to the Goodson Law Firm (the seller’s attorney) for the purchase of the Irvington property, which was $25 more than what was on deposit in his escrow account for that transaction. On August 29, 2013, the Goodson Law Firm wired $1,740 into the respondent’s escrow account, representing a refund for an overpayment on the Irvington property. There were no additional deposits into the respondent’s escrow account on behalf of the Irvington property. On September 3, 2013, the respondent’s escrow check no. 1003 in the amount of $750, representing the respondent’s legal fee for the Irvington property, cleared the account, reducing the Irvington property funds on deposit in the escrow account to $990. On September 5, 2013, the respondent’s escrow check no. 1004, payable to NJ Granite & Marble, in the amount of $600, for “[r]epairs” to the Irvington property cleared the account, reducing the Irvington property funds on deposit in the escrow account to $390. On December 30, 2013, the respondent’s escrow check no. 1012, payable to “All Brands LLC” in the amount of $1,500, for “repairs” on the Irvington property, cleared the escrow account, in part, against other client funds in the escrow account. On December 31, 2013, the respondent’s escrow check no. 1013, payable to “All Brands LLC” in the amount of $1,500, for “repairs” on the Irvington property cleared the escrow account against other client funds. 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: Between August 29, 2013, and October 25, 2013, the respondent made the following cash withdrawals from his escrow account: Date Cash Withdrawal August 29, 2013 $2,000 September 6, 2013 $1,500 September 20, 2013 $3,500 September 23, 2013 $2,000 October 25, 2013 $ 700
