Appellate Division: Second Judicial Department

M278785

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HECTOR D. LASALLE, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

LEONARD B. AUSTIN, JJ.

2017-11691 In the Matter of Brian D. Primes, admitted as Brian David Primes, a disbarred attorney. Grievance Committee for the Ninth Judicial District, petitioner; Brian D. Primes, respondent. (Attorney Registration No. 2790418)

DECISION AND ORDER ON MOTION

The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 27, 1996, under the name Brian David Primes, and disbarred by opinion and order of this Court dated July 25, 2018, effective immediately, upon his default. By order to show cause dated June 7, 2021, the respondent and his counsel, Stephen J. Jones, were directed to show cause why a final order should not be made directing the respondent to deposit with the Lawyers' Fund for Client Protection all remaining funds held in his attorney trust account maintained at JP Morgan Chase Bank, N.A., entitled Brian Primes, ESQ., IOLA Fund Account, account number ending 8001, the respondent was directed not to disburse any funds from that attorney trust account, including but not limited to, depositing, endorsing, negotiating, or causing to be negotiated a cashier's check No. 5006783984 issued by JP Morgan Chase Bank, N.A., dated September 30, 2020, in the amount of $136,920.49, and Stephen J. Jones was directed to continue to hold and safeguard that cashier's check in his possession.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that on or before August 30, 2021, the respondent, Brian D. Primes, is directed to release the cashier's check No. 5006783984 issued by JP Morgan Chase Bank, N.A., dated September 30, 2020, in the amount of $136,920.49, to the Lawyers' Fund for Client Protection, by endorsing that cashier's check payable to the Lawyers' Fund For Client Protection and by delivering that cashier's check to the Lawyers' Fund For Client Protection via personal delivery or overnight mail delivery; and it is further,

ORDERED that the Lawyers' Fund For Client Protection shall accept the cashier's check and negotiate it forthwith after receipt; and it is further,

ORDERED that on or before September 20, 2021, the respondent, Brian D. Primes, shall notify, in writing, all clients or third parties to whom the respondent owes money that was or should have been held in escrow, incident to his practice of law, that all remaining funds previously held in his attorney trust account maintained at JP Morgan Chase Bank, N.A., entitled Brian Primes, ESQ., IOLA Fund Account, account number ending 8001, have been deposited with the Lawyers' Fund for Client Protection, for safeguarding and disbursement to the person or persons determined to be entitled thereto; and it is further,

ORDERED that on or before September 27, 2021, the respondent, Brian D. Primes, shall file with this Court an affidavit stating that he has complied with the foregoing provisions of this decision and order on motion, copies of the notices that he sent to the clients or third parties, and copies of documents and all other paperwork used to prepare the notices, by uploading digital copies of the affidavit, notices, and documents and all other paperwork used to prepare the notices, with proof of service thereof upon the Grievance Committee for the Ninth Judicial District and the Lawyers' Fund for Client Protection, through the digital portal on this Court's website.

LASALLE, P.J., MASTRO, RIVERA, DILLON and AUSTIN, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court