Matter of Cardillo

Holding The court granted the Attorney Grievance Committee’s motion for interim suspension because bank records and testimony provided uncontroverted evidence that the respondent converted client settlement funds belonging to A.C. and replenished the shortfall using funds from another client. The court declined to suspend based on the disputed $4.7 million transaction with X.Z. at this stage, as those issues required credibility assessments and contract interpretation reserved for a full disciplinary hearing.

The court’s words

These facts are established through contemporaneous banking records and are not meaningfully disputed.

252 AD3d 61, at the official text

This constitutes conversion and/or misappropriation of client funds and demonstrates respondent’s failure to safeguard entrusted property.

252 AD3d 61, at the official text

The X.Z. transactions do not presently constitute ‘‘uncontroverted evidence’’ of misconduct within the meaning of 22 NYCRR 1240.9 (a) (5).

252 AD3d 61, at the official text