Thursday, February 17, 2011
The New York Appellate Division for the Third Judicial Department has vacated the stay of a suspension imposed in 2004 for escrow account violations that included issuing escrow checks against insufficient funds. The conditions for the stay required quarterly reports from a CPA confirming that the attorney's escrow account was being administered in compliance the disciplinary rules.
The court had previously denied a motion by the attorney to terminate the stayed suspension as well as motions by the Committee on Professional Standards to vacate the stay and impose suspension.
The fourth motion by the committee was granted based on evidence that several escrow checks were issued with no corresponding deposits.
The court: "Under the circumstances presented, and considering the history of respondent's escrow missteps since her stayed suspension in 2004, we grant petitioner's motion and vacate the stay of respondent's suspension." The suspension will run until June 17, 2011. (Mike Frisch)