Per Curiam — The Grievance Committee for the Tenth Judicial District served the respondent with a verified petition dated April 16, 2021, containing six charges of professional misconduct. The respondent served and filed a verified answer dated May 27, 2021, admitting to all of the factual allegations contained in the verified petition but denying the conclusions of law contained therein. Subsequently, the Grievance Committee served and filed a statement of disputed and undisputed facts dated June 3, 2021, to which the respondent submitted a response dated June 17, 2021. During a preliminary conference on December 22, 2021, the parties entered into a stipulation on the record amending a factual specification in charge one of the petition and the respondent admitted the amended factual specification. After a hearing on January 28, 2022, the Special Referee filed a report dated March 9, 2022, in which he sustained all six charges. The Grievance Committee now moves to confirm the Special Referee’s report and to impose such discipline upon the respondent as the Court deems just and proper. The respondent, through counsel, does not dispute the Special Referee’s report, and requests that the discipline be limited to public censure.
The Amended 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 Chase Bank, account number ending in 6551, entitled “Joseph H. Pacifico, Jr., IOLA Trust Account” (hereinafter the escrow account). The respondent is the sole signatory on the escrow account. On November 23, 2015, the beginning balance in the escrow account was $72.88. On November 23 and 24, 2015, respectively, the respondent deposited the sum of $5,000 from Hayes H. Histand, and the sum of $110,000 from Joseph Quashie, with both amounts representing down payments in real estate transactions in which the respondent represented the seller. Between November 24, 2015, and June 23, 2016, the respondent was required to maintain at least $115,000 in his escrow account in connection with the Histand and Quashie matters. However, during this time period, the balance in the escrow account fell below $115,000 on multiple dates, including the following: Date Account Balance 11/25/15 $110,072.88 12/22/15 $1,522.88 1/25/16 $22.88 2/29/16 $22.88 3/23/16 $3,040.88 4/28/16 $61,190.88 5/31/16 $61,190.88 6/14/16 $61,190.88
