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In re Rosenberg12/29/2003
This opinion is uncorrected and subject to revision before publication in the Official Reports.
OPINION & ORDER
DISCIPLINARY proceeding instituted by the Grievance Committee for the Second and Eleventh Judicial Districts. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the First Judicial Department on March 5, 1984, under the name Michael Geoffrey Rosenberg. By a decision and order on motion of this court dated July 12, 2002, the matter was referred to the Honorable Francis X. Egitto, as Special Referee, to hear and report.
PER CURIAM.
The respondent was served with a petition containing nine charges of professional misconduct. Charges Five and Eight were subsequently amended, and Charges Seven and Nine were withdrawn. The respondent admitted all of the factual allegations contained in the petition, as amended. The petitioner's case consisted of the transcript of the respondent's prior testimony at his investigative appearance. The respondent's case consisted of his own testimony, the testimony of two character witnesses, and a character affirmation. At the conclusion of the hearing, the Special Referee sustained the charges, as amended. The petitioner 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 does not oppose the motion, but asks the court to limit the sanction imposed to a public censure.
Charge One alleges that the respondent converted escrow funds entrusted to him as a fiduciary, incident to his practice of law, in violation of Code of Professional Responsibility DR 9-102(a) (22 NYCRR 1200.46 ):
The respondent maintained an attorney escrow account at Chase Manhattan Bank at all times relevant hereto. On December 24, 1998, he deposited $5,500 into that account on behalf of a client named Valentin. The deposit represented the proceeds of a personal injury settlement. From December 24, 1998, until January 19, 1999, the respondent was required to maintain $2,229.28 in his escrow account on behalf of Valentin. On January 19, 1999, the balance in the account had been depleted to $748.
Charge Two alleges that the respondent converted escrow funds entrusted to him as a fiduciary, incident to his practice of law, in violation of Code of Professional Responsibility DR 9-102(a) (22 NYCRR 1200.46 ):
The respondent maintained an attorney escrow account at Chase Manhattan Bank at all times relevant hereto. On March 23, 1999, he deposited $15,000 into that account on behalf of a client named Gusev. The deposit represented the proceeds of a personal injury settlement. From March 23, 1999, until June 14, 1999, the respondent was required to maintain at least $3,000 in his escrow account on behalf of Gusev. On June 14, 1999, the balance in the account had been depleted to $1,000.
Charge Three alleges that the respondent converted escrow funds entrusted to him as a fiduciary, incident to his practice of law, in violation of Code of Professional Responsibility DR 9-102(a) (22 NYCRR 1200.46 ):
The respondent maintained an attorney escrow account at Chase Manhattan Bank at all times relevant hereto. On May 24, 1999, he deposited $5,000 into that account on behalf of a client named Bisano. The deposit represented the proceeds of a personal injury settlement. From May 24, 1999, until July 1, 1999, the respondent was required to maintain at least $3,009 in his escrow account on behalf of Bisano. On July 1, 1999, the balance in the account had been depleted to $100.
Charge Four alleges that the respondent withdrew legal fees
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