We emphatically disapprove the representation by counsel of both the driver and the passenger of a vehicle (see Matter of Sparer, 28 A.D.2d 1; see, also, Greene v Greene, 47 N.Y.2d 447). Had a timely motion to disqualify been made, our conclusion in this case might well have been different (but cf. Magjuka v Greenberger, 46 A.D.2d 867).
His custom, on receipt of a check for settlement or judgment, was to give the client his personal check for the client's share, and then to deposit the settlement check, now his sole property, in his personal account. The violation consisted, therefore, of failure to follow the strict requirement of the rule by deposit of the check in the special account, and, though there was neither commingling nor withholding, this conduct was improper ( Matter of Kiley, 22 A.D.2d 527; Matter of Sparer, 28 A.D.2d 1); it is, however, de minimis ( Matter of Rivkin, 21 N.Y.2d 714, revg. 27 A.D.2d 741). The first three charges are sustained as professional misconduct (Judiciary Law, ยง 90, subd. 2), and the fourth is dismissed, and, to the extent herein set forth, the Referee's report is confirmed.
III. DISCUSSION "Under New York law, there is a broad presumption that the public is entitled to access to judicial proceedings and court records (Mancheski v Gabeli Group Capital Partners, 39 AD3d 499, 501 [2007]; Gryphon Dom. VI LLC v APP Intl. Fin, Co., B.V., 28 AD2d 1 [2000]; Danco Labs v Chemical Works of Gedeon Richter, 274 AD1 [2000])." Mosallem v Berenson, 76 AD3d 345, 348 (1st Dept. 2010); see 22 NYCRR 216.1; New York Post Corp. v Leibowitz, 2 NY2d 677 (1957).
Indeed, while a driver and passenger may have been married at the time of an accident, termination of that relationship prior to the disposition of their claims is a distinct possibility given the high rate of divorce, the length of time for disposition of negligence actions, and the possibility that the injuries sustained in the accident may themselves precipitate disenchantment and discord. Matter of Sparer ( 28 A.D.2d 1) involved an action arising out of a two-car accident wherein one attorney represented both the driver of car No. 1 and his two passengers. Initially counsel represented the three individuals in a suit against the driver of car No. 2.