PER CURIAM — The Grievance Committee for the Tenth Judicial District served the respondent with a verified petition dated October 22, 2020, containing six charges of professional misconduct. The respondent denied the allegations in his verified answer dated November 11, 2020. On January 20, 2021, the respondent filed an amended verified answer in which he admitted the factual allegations in the verified petition but denied the legal conclusions. Following a prehearing conference held on January 21, 2021, and a hearing conducted on February 23, 2021, the Special Referee filed a report dated April 9, 2021, in which he sustained all charges. The Grievance Committee now moves to confirm the Special Referee’s report, and to impose such discipline as the Court deems just and proper. In an affirmation in response dated May 12, 2021, the respondent’s counsel states, inter alia, that in view of the totality of circumstances, the appropriate sanction is 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: The respondent maintained an attorney trust account at Capital One Bank ending in 8018 entitled “McCulloh & Kelliher, PLLC/IOLA account” (hereinafter the IOLA account). In or about 2015, the respondent represented John Pavone with regard to the sale of a liquor store. On or about September 26, 2015, and December 5, 2015, the respondent deposited the down payment and proceeds of the sale, in the sum of $10,000 and $70,000, respectively, into the IOLA account. On or about December 1, 2016, the respondent issued check no. 1076 for $2,000 to Pavone from the IOLA account. Between on or about December 8, 2015, and on or about December 1, 2016, the respondent was required to safeguard at least $2,000 in the IOLA account on behalf of Pavone. On the following dates, the balance in the IOLA account fell below $2,000: On September 28, 2016, the account balance was $1,935.87, and on October 31, 2016, the account balance was $519.78. 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: In addition to the IOLA account, the respondent maintained a business operating account at Capital One Bank ending in 4362 (hereinafter the operating account). In or about July 2016, the respondent represented William Arthur with regard to the sale of real property (hereinafter the Arthur transaction). On July 15, 2016, the purchaser’s down payment of $62,500 in connection with the Arthur transaction was deposited into the IOLA account. The closing in the Arthur transaction was held on February 16, 2017. Between July 15, 2016, and February 16, 2017, the respondent was required to maintain $62,500 in the IOLA account in connection with the Arthur transaction. Between July 15, 2016, and February 16, 2017, the respondent transferred funds from the IOLA account to the operating account, which were drawn in part, against funds entrusted to the respondent in connection with the Arthur transaction. The respondent then used those funds for his own use and benefit. Between July 15, 2016, and February 16, 2017, the balance in the IOLA account fell below $62,500, including as follows:
