| Matter of Primes; Grievance Committee for the Ninth Judicial District |
| Motion No: 2017-11691 |
| Slip Opinion No: 2022 NY Slip Op 65562(U) |
| Decided on May 6, 2022 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M282869
E/sl
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
JOSEPH J. MALTESE, JJ.
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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 |
Motion by 3464 East Tremont Holding, LLC, inter alia, to be paid the sum of $82,710, from certain funds in the possession of the Lawyers' Fund for Client Protection. By decision and order on motion of this Court dated August 19, 2021, Brian D. Primes was directed to release and endorse to the Lawyers' Fund for Client Protection a cashier's check in the amount of $136,920.49, drawn on funds from his IOLA account at JP Morgan Chase after he was disbarred. By letter dated September 9, 2021, the Lawyers' Fund for Client Protection acknowledged that the cashier's check had been received and deposited in a special account. 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.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that 3464 East Tremont Holding, LLC, as assignee of RBM'S Family Place, Inc., doing business as Louis Seafood Restaurant, is entitled to be paid the sum of $82,710.81 out of funds totaling $136,920.49, previously deposited with the Lawyers' Fund For Client Protection by the respondent pursuant to the decision and order on motion dated August 19, 2021; and it is further,
ORDERED that the Lawyers' Fund For Client Protection shall forthwith disburse the sum of $82,710.81 by check payable to 3464 East Tremont Holding, LLC, and deliver said check to Maizes & Maizes, LLP, counsel for 3464 East Tremont Holding, LLC.
LASALLE, P.J., DILLON, DUFFY, BARROS and MALTESE, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court