PER CURIAM —The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts served the respondent with a verified petition dated January 8, 2020, containing three charges of professional misconduct. The respondent served and filed a verified answer dated February 26, 2020, and an amended verified answer dated February 27, 2020. Subsequently, the Grievance Committee served and filed a statement of disputed and undisputed facts dated March 16, 2020, which was not challenged by the respondent. The Special Referee submitted a report dated August 24, 2021, in which he sustained all three charges. The Grievance Committee now moves to confirm the Special Referee’s report and to impose upon the respondent such discipline as the Court deems just and proper. The respondent, through counsel, does not dispute the Special Referee’s report, and suggests that the discipline be limited to 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 relevant times, the respondent maintained an attorney escrow account at JPMorgan Chase Bank. In or about October 2018, the respondent was retained by the sellers in connection with a sale of real property located on Leeds Street in Staten Island (hereinafter the Leeds Street transaction). On October 9, 2018, the respondent deposited $36,000, representing the down payment from the buyer in the Leeds Street transaction, into his escrow account. Pursuant to the contract of sale, the respondent was required to hold the $36,000 down payment in his escrow account until the closing of title on November 9, 2018. Prior to the deposit of the down payment, the respondent’s escrow account balance was $253.12. After the respondent deposited the down payment, but before the closing, three checks cleared that were unrelated to the Leeds Street transaction: check No. 1018, in the amount of $3,500, cleared on October 22, 2018; check no. 1019, in the amount of $2,500, cleared on November 5, 2018; and check no. 1020, in the amount of $3,000, cleared on November 8, 2018. On the date of the closing, November 9, 2018, the balance in the escrow account was $28,053.12, which was less than the $36,000 the respondent was required to maintain in the account. Charge two alleges that the respondent commingled personal funds with client or third-party funds in his escrow account, in violation of rule 1.15(a) of the Rules of Professional Conduct, as follows: Between June 6, 2018, and November 30, 2018, the respondent maintained client funds in his escrow account. On November 14, 2018, the respondent deposited into his escrow account a check in the amount of $80,589.12, representing, in effect, his portion of the earned legal fees in a personal injury matter. Charge three alleges that the respondent failed to maintain the required bookkeeping records for his escrow account, in violation of rule 1.15(d) of the Rules of Professional Conduct.
