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NEW YORK SUPREME COURT10/25/2005
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Richard T. Andrias, Justice Presiding, George D. Marlow, Luis A. Gonzalez, John W. Sweeny, Jr. and James M. Catterson, Justices.
M-3965
M-3965 - August 29, 2005
IN THE MATTER OF MAURICE B. MELMAN AN ATTORNEY
Respondent Maurice Bernard Melman was admitted to the practice of law in New York by the First Judicial Department on June 2, 1997, and at all times relevant to these proceedings, has maintained an office for the practice of law within this Department.
Since September 2004, respondent has repeatedly failed to cooperate with a Departmental Disciplinary Committee investigation into complaints involving his handling of his escrow account. Over a period of five months, from September 2004 to January 2005, the Committee forwarded six complaints to respondent. To date he has not provided the Committee with an answer to any one of the complaints.
On or about September 10, 2004, Oscar Grant filed a complaint alleging that after respondent deposited a $2,500 settlement check into his escrow account on Grant's behalf in August 2004, respondent refused to answer Grant's inquiries regarding the payment of his share of the settlement. On September 22, 2004, the Committee forwarded the complaint to respondent directing him to answer. About five days later, respondent sent a check in the amount of $1,661.67 to Grant, which represented his share of the settlement proceeds, but still did not answer the disciplinary complaint.
Respondent subsequently informed the Committee that he did not believe he had to provide an answer since he had paid Grant the settlement proceeds. Thereafter, the Committee specifically informed respondent, on more than one occasion, that an answer was still required however, to date, no answer has been received.
On or about September 10, 2004, the Lawyers' Fund for Client Protection notified the Committee and respondent that a $200 check issued from respondent's escrow account had been returned for insufficient funds. By letter dated September 20, 2004, the Committee directed respondent to submit an answer regarding the dishonored check report and to provide escrow account records for the preceding six months. At this point, the Committee advised respondent that his failure to answer could subject him to discipline. Despite additional reminders by the Committee, respondent has still not answered this complaint nor did he produce his escrow records.
According to a complaint filed by Robert Hickman, in late July 2004 respondent received a $4,500 settlement check on his behalf which was deposited into respondent's escrow account. Although the check was credited to his account and despite repeated phone calls from Hickman seeking his $3,000 share, respondent did not forward any proceeds. Rather, according to subpoenaed bank records respondent wrote to himself and negotiated for his own use approximately 33 checks totaling more than $3,600. This left a balance in his escrow account of only $1,490.30 when he was obligated to maintain $3,000 on behalf of Hickman. The Committee forwarded Hickman's complaint but to date respondent has not answered the complaint, nor has he paid Hickman the money due to him.
Around August 2004 respondent settled Secundino Marte's personal injury action and subsequently received a $5,000 settlement check. Although Marte and respondent endorsed the check and it was negotiated, respondent did not deposit it into his escrow account. When Marte w
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