Per Curiam — The respondent, David Augenstein, has submitted an affidavit sworn to on January 19, 2023, in support of his application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10). The respondent acknowledges in his affidavit that he is currently the subject of an investigation by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, involving allegations of commingling personal and client funds, misappropriating client funds by repeatedly disbursing funds from his escrow account when corresponding funds were not yet available, and failing to maintain accurate and contemporaneous records of transactions in his escrow account. The respondent avers that he cannot successfully defend against the allegations based upon the facts and circumstances of his professional misconduct as described herein. The respondent also avers that his resignation is freely and voluntarily tendered, without coercion or duress by anyone, and with full awareness of the consequences, including that the Court’s acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys and counselors-at-law. As to the issue of restitution, the respondent avers that there are no issues of restitution as all funds owed to clients and/or third parties have been remitted. Notwithstanding the absence of any restitution to be made, the respondent acknowledges that the resignation is submitted subject to any future application that may be made by the Grievance Committee for an order, pursuant to Judiciary Law §90(6a), directing that he make restitution or reimburse the Lawyers’ Fund for Client Protection, and that he consents to the Court’s continuing jurisdiction to make such an order. The respondent also acknowledges and agrees that pending the issuance of an order accepting his resignation, he will not undertake to represent any new clients or accept any retainers for future legal services to be rendered, and that there will be no transactional activity in any fiduciary account to which he has access, other than for payment of funds held therein on behalf of clients or others entitled to receive them. Lastly, the respondent acknowledges that in the event the Court accepts his resignation, the order resulting therefrom and the records and documents filed in relation to the aforementioned allegations, including his affidavit, shall be deemed public records pursuant to Judiciary Law §90(10). The Grievance Committee recommends that the Court grant the respondent’s application to resign. Inasmuch as the respondent’s application to resign complies with the requirements of 22 NYCRR 1240.10, the application is granted, and effective immediately, the respondent is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law. All concur. LASALLE, P.J., DILLON, BARROS, CONNOLLY and IANNACCI, JJ., concur. ORDERED that the application of the respondent, David Augenstein, to resign as an attorney and counselor-at-law is granted; and it is further, ORDERED that pursuant to Judiciary Law §90, effective immediately, the respondent, David Augenstein, is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law; and it is further, ORDERED that the respondent, David Augenstein, shall comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further, ORDERED that pursuant to Judiciary Law §90, effective immediately, the respondent, David Augenstein, shall desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law; and it is further, ORDERED that if the respondent, David Augenstein, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and he shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f). ENTER: Maria T. Fasulo Clerk of the Court
