Opinion
2021-67299 Motion 2017-11691
06-07-2021
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
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA MARK C. DILLON LEONARD B. AUSTIN, JJ.
ORDER TO SHOW CAUSE
Motion by the respondent to direct JP Morgan Chase Bank to issue checks from his attorney trust account to payees he has designated and to forward those checks to his attorney to be distributed to the payees or, in the alternative, to appoint a trustee or receiver to disburse any money held in the respondent's attorney trust 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. The above-entitled disciplinary proceeding was commenced by the Grievance Committee for the Ninth Judicial District pursuant to 22 NYCRR 1240.8 by service and filing of a notice of petition dated November 20, 2017, and a verified petition dated November 16, 2017. By opinion and order dated July 25, 2018, this Court disbarred the respondent, effective immediately, upon his default.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further, ORDERED that on the Court's own motion, the respondent, Brian D. Primes, and his counsel, Stephen J. Jones, are directed to show cause why a final order should not be made directing the respondent to deposit 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, with the Lawyers' Fund for Client Protection, and directing the respondent to 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, by uploading a digital copy of an affidavit on those issues, through the digital portal on this Court's website, with proof of service thereof upon the Grievance Committee for the Ninth Judicial District and the Lawyers' Fund for Client Protection, on or before June 28, 2021; and it is further, ORDERED that the Grievance Committee for the Ninth Judicial District and the Lawyers' Fund for Client Protection shall upload, through the digital portal on this Court's website, a response to the papers filed by Brian D. Primes and/or Stephen J. Jones, if any, with proof of service, on or before July 12, 2021; and it is further, ORDERED that on the Court's own motion, pending final determination of the motion of this Court, the respondent, Brian D. Primes, shall not disburse any funds from the escrow account held at JP Morgan Chase Bank, N.A., entitled Brian Primes, ESQ., IOLA Fund Account, account number ending 8001, 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 shall continue to hold and safeguard the cashier's check in his possession; and it is further, ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause upon Stephen J. Jones, the Grievance Committee for the Ninth Judicial District, and the Lawyers' Fund for Client Protection, via email.
LASALLE, P.J., MASTRO, RIVERA, DILLON and AUSTIN, JJ., concur.