Thursday, March 22, 2012
The New York Appellate Division for the First Judicial Department accepted the resignation of an attorney and struck him from its rolls.
The admitted misconduct:
With respect to the complaint filed against him, respondent states that Harvey D. Wolinetz (Wolinetz) alleges that respondent represented Eliyahu Weinstein (Weinstein) in several complex commercial real estate transactions in which Wolinetz was also involved. At Weinstein's behest, respondent advised Wolinetz that Weinstein had deposited nine million dollars into respondent's escrow account and that the funds would clear the next day. While the funds had in fact been deposited, Weinstein subsequently stopped payment on those funds, making them unavailable. Respondent never so advised Wolinetz. Never having been advised that the funds were no longer in respondent's escrow account, Wolinetz went forward with loan transactions related to the real estate transaction to his detriment.