Grievance Comm. for the Ninth Judicial Dist. v. Gonzalez (In re Gonzalez)

• Citation: 85 N.Y.S.3d 226,166 A.D.3d 85
• Decision Date: 10 October 2018
• Docket Number: 2018–00722
• Parties: In the MATTER OF Osvaldo J. GONZALEZ, admitted as Ozzie J. Gonzalez, an attorney and counselor-at-law. Grievance Committee for the Ninth Judicial District, petitioner; v. Osvaldo J. Gonzalez, respondent. (Attorney Registration No. 1648682)
• Court: New York Supreme Court — Appellate Division

166 A.D.3d 85
85 N.Y.S.3d 226

In the MATTER OF Osvaldo J. GONZALEZ, admitted as Ozzie J. Gonzalez, an attorney and counselor-at-law.

Grievance Committee for the Ninth Judicial District, petitioner;
v.
Osvaldo J. Gonzalez, respondent.

(Attorney Registration No. 1648682)

2018–00722

Supreme Court, Appellate Division, Second Department, New York.

October 10, 2018

85 N.Y.S.3d 227

JOINT MOTION pursuant to 22 NYCRR 1240.8(a)(5) by the Grievance Committee for the Ninth Judicial District, and the respondent, Osvaldo J. Gonzalez, for discipline by consent. 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 14, 1979, under the name Ozzie J. Gonzalez.

Gary L. Casella, White Plains, N.Y. (Forrest Strauss of counsel), for petitioner.

Meredith Heller, New York, NY, for respondent.

ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, SANDRA L. SGROI, JJ.

OPINION & ORDER

PER CURIAM.

The Grievance Committee for the Ninth Judicial District (hereinafter the petitioner) served the respondent with a notice of petition dated January 16, 2018, and a verified petition dated January 10, 2018, containing seven charges of professional misconduct. The petitioner and the respondent now move, pursuant to 22 NYCRR 1240.8(a)(5), for discipline by consent, requesting that the respondent be suspended from the practice of law for a period of three years.

As provided for in 22 NYCRR 1240.8(a)(5)(i)(A), the parties have submitted a joint affirmation dated March 27, 2018, in support of the motion. By virtue of the stipulation submitted with the joint affirmation, the parties have agreed that the following is not in dispute:

The Stipulated Facts

From June 29, 2013, and continuously thereafter through on or after June 30, 2017, the respondent maintained an attorney special account at JP MORGAN CHASE Bank, entitled "The Law Office Of Osvaldo J. Gonzalez," account no. ending x3571 (hereinafter the special account).

The petitioner conducted an audit and review of the respondent's special account for the period June 29, 2013, through June 30, 2017 (hereinafter the petitioner's audit). The respondent concedes that he is unable to dispute the accuracy of the petitioner's audit findings.

As alleged in charge one, the respondent admits that he failed to properly caption his special account, as it did not identify the account as an attorney special, attorney escrow, or attorney trust account, in violation of rule 1.15(b)(2) of the Rules of Professional Conduct ( 22 NYCRR 1200.0 ).

As alleged in charge two of the petition, the respondent admits that he failed to maintain required bookkeeping records for the special account, in violation of rule 1.15(d)(1) and (2) of the Rules of Professional Conduct ( 22 NYCRR 1200.0 ). The respondent failed to maintain records of all transactions relating to the special account, all checkbooks, check stubs, bank statements, prenumbered canceled checks,

85 N.Y.S.3d 228

and duplicate deposit tickets, as well as a checkbook register, or ledger book. The respondent also failed, inter alia, to maintain all retainer and compensation agreements with clients, and/or all statements to clients or other persons showing the disbursement of funds to them or on their behalf, and/or all bills rendered to clients, as well as all retainer and closing statements filed with the New York State...