Appellate Division: Second Judicial Department

M275023

E/sl

WILLIAM F. MASTRO, A.P.J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

ANGELA G. IANNACCI JJ.

2020-06718 In the Matter of Reginald W. Hamilton, admitted as Reginald Wayne Hamilton, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Reginald W. Hamilton, respondent. (Attorney Registration No. 2427573)

DECISION & ORDER ON MOTION

Motion by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to immediately suspend the respondent from the practice of law, pursuant to 22 NYCRR 1240.9(a)(2) and (5), upon a finding that he is guilty of professional misconduct immediately threatening the public interest, and to refer the issues raised to a Special Referee, to hear and report. The Grievance Committee served and filed a notice of petition dated September 8, 2020, and a verified petition dated September 3, 2020, and the respondent served and filed a verified answer dated October 20, 2020. Subsequently, the Grievance Committee filed a statement of disputed and undisputed facts dated October 30, 2020, which was not challenged by the respondent. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on September 11, 1991, under the name Reginald Wayne Hamilton.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that pursuant to 22 NYCRR 1240.9(a)(2) and (5), the respondent, Reginald W. Hamilton, admitted as Reginald Wayne Hamilton, is immediately suspended from the practice of law in the State of New York, pending further order of the Court; and it is further,

ORDERED that the respondent, Reginald W. Hamilton, admitted as Reginald Wayne Hamilton, shall promptly 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, during the period of suspension and until further order of this Court, the respondent, Reginald W. Hamilton, admitted as Reginald Wayne Hamilton, is commanded to desist and refrain from (1) practicing law in any form, either as principal or 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, Reginald W. Hamilton, admitted as Reginald Wayne Hamilton, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in his affidavit of compliance pursuant to 22 NYCRR 1240.15(f); and it is further,

ORDERED that the issues raised are referred to the Hon. Patricia M. DiMango, 330 East 38th Street, Suite 23C, New York, NY 10016-2759, to hear and report, with the hearing to be completed within 60 days of the date of this decision and order on motion, or as soon thereafter as practicable, and the report, which contains her findings on the issues and charges, to be submitted within 60 days after the conclusion of the hearing or the submission of post-hearing memoranda.

Discussion

We find, prima facie, that the respondent is guilty of professional misconduct immediately threatening the public interest based on uncontroverted evidence that he misappropriated client funds entrusted to him.

Mendez Matter

The respondent, as attorney for the seller of real property located at 145 Vermont Street in Brooklyn, NY, received a $45,000 down payment check from the buyer of the property, Winton Mendez, and on or about August 14, 2017, and deposited the check into his escrow account at Bank of America, titled "Reginald W. Hamilton, Att, Atty IOLA Fund", account ending in 2234 (hereinafter the escrow account). Thereafter, prior to any disbursements in this matter, the balance in the escrow account fell to $18,960.68 on August 16, 2017, and to $238.66 on January 12, 2018, which is below the sum the respondent was required to maintain.

Smith/Brea Matter

The respondent represented buyers Brea and Smith in a real estate transaction. On or about August 24, 2017, the respondent deposited a check in the sum of $24,000 into the escrow account, representing the return of his clients' down payment. By August 25, 2017, prior to any disbursements in this matter, the escrow account balance had fallen to $21,850.02, which is below the sum the respondent was required to maintain.

Campbell Matter

On or about September 12, 2017, the respondent, as the seller's attorney, deposited a down payment check in the amount of $15,000 into the escrow account, which he had received from the prospective buyer, Trevor H. Campbell, concerning real property located at 1674 Prospect Place, Brooklyn, New York. Prior to any disbursements in this matter, the escrow account balance was depleted to $11,299.13 by September 15, 2017, and $238.66 by January 12, 2018, which is below the sum the respondent was required to maintain.

Hutcherson Matter

On November 13, 2017, the respondent, as attorney for the seller of real property, deposited a down payment check in the amount of $10,000 into the escrow account, which he had received from the prospective buyer, Venice Junior Hutcherson. On January 12, 2018, prior to any disbursements in this matter, the escrow account balance was $238.66, which is below the sum the respondent was required to maintain.

126 Schaeffer Street Matter

The respondent represented the seller in the sale of real property located at 126 Schaeffer Street, Brooklyn, NY. On November 27, 2017, the respondent deposited a $20,000 down payment check into the escrow account, which he had received from the prospective buyer. By January 12, 2018, prior to any disbursements in this matter, the escrow account balance had been reduced to $238.66, which is below the sum the respondent was required to maintain.

Watkins Matter

On February 13, 2018, the respondent as attorney for the seller of real property deposited a $25,200 down payment check into the escrow account, which he had received from Stephen Weintraub, attorney for the prospective buyer, Warrington Watkins. By March 5, 2018, prior to any disbursements in this matter, the escrow account balance had been depleted to $19,439.35, which is below the sum the respondent was required to maintain.

Lawson/Tait Matter

On April 13, 2018, the respondent as attorney for the seller of real property, Lawson, deposited a down payment check in the amount of $70,000 into the escrow account, which he had received from the prospective buyer, George Tait. By June 18, 2018, prior to any disbursements in this matter, the escrow account balance had been reduced to $22,411.35, which is below the sum the respondent was required to maintain.

Direct Access Corporation Matter

On June 19, 2018, the respondent as attorney for the seller of real property, Direct Access Corporation, deposited a down payment check in the amount of $80,000 into the escrow account, which he had received from the prospective buyer, Fine Star Properties, LLC. On June 27, 2018, prior to any disbursements in this matter, the escrow account balance was $79,567.62, which is below the sum the respondent was required to maintain.

Clemand Matter

The respondent, as attorney for the seller in a real estate transaction, received a $10,000 down payment from Raphael Clemand, the prospective purchaser. The respondent failed to deposit the check into the escrow account before disbursing check #2079 in the amount of $10,000 for the Clemand matter. Accordingly, on December 4, 2017, when check #2079 cleared the escrow account, it cleared against other client funds.

Persad/Harris Matter

The respondent as the attorney for the seller in a real estate transaction, Rudolph Harris, received a $5,000 down payment check from Marvin Persad, the prospective purchaser, and a $4,000 check from attorney Jeffrey S. Feinerman, in connection with this matter. The respondent failed to deposit either check into the escrow account before disbursing check #2086 in the amount of $5,000, and check #2087 in the amount of $4,000 in connection with this matter. Accordingly, on December 15, 2017, when checks #2086 and #2087 cleared the escrow account, they cleared against other client funds.

Archer Matter

On or about December 18, 2017, the respondent received a $640.54 check from the Boldi Law Group, P.C., on behalf of his clients, Andrew Archer and Susanette Archer, which represented an overage due from a real estate closing. The respondent failed to deposit this check into the escrow account before issuing check #2106 to the Archers, which cleared the escrow account on March 5, 2018. Accordingly, on March 5, 2018, when check #2106 cleared the escrow account, it cleared against other client funds.

Conclusion

We find that the Grievance Committee has sufficiently demonstrated that the respondent poses an immediate threat to the public interest based on his misappropriation of client funds.

Based upon the foregoing, the motion is granted, the respondent is immediately suspended from the practice of law, pursuant to 22 NYCRR 1240.9(a)(2) and (5), pending further order of this Court, and the matter is referred to a Special Referee, to hear and report.

MASTRO A.P.J., RIVERA, DILLON, CHAMBERS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court