| Matter of Primes; Grievance Committee for the Ninth Judicial District |
| Motion No: 2017-11691 |
| Slip Opinion No: 2023 NY Slip Op 60521(U) |
| Decided on January 13, 2023 |
| 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
E/jr
M286754
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 US Claims Opco, LLC, inter alia, to be paid the sum of $16,200, 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. Mr. Primes 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 US Claims Opco, LLC, is entitled to be paid the sum of $16,200 out of the funds previously deposited with the Lawyers' Fund For Client Protection by Brian D. Primes, admitted as Brian David Primes, 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 $16,200 by check payable to US Claims Opco, LLC, and deliver said check to Izower Lefton, LLP, counsel for US Claims Opco, LLC.
LASALLE, P.J., DILLON, DUFFY, BARROS and MALTESE, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court