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In the Matter of Edward Michael Rosenthal, an attorney and counselor-at-law. (Attorney Registration No. 2157535)

Matter Rosenthal

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PER CURIAM — The Grievance Committee for the Tenth Judicial District served the respondent with a verified petition dated May 16, 2019, containing five charges of professional misconduct. Following a prehearing conference held on September 25, 2019, and a hearing conducted on November 26, 2019, the Special Referee filed a report dated January 2, 2020, in which she sustained all five charges. The Grievance Committee now moves to confirm the Special Referee’s report and to impose such discipline upon the respondent as the Court deems just and proper. In an affirmation in response, the respondent’s counsel states that the respondent joins in the motion to confirm the Special Referee’s report, and requests, in view of the mitigating circumstances presented, that the Court impose a private admonition or a sanction no greater than a public censure. The Petition Charge one alleges that the respondent misappropriated funds entrusted to him as a fiduciary incident to his practice of law, in violation of rule 1.15(a) of the Rules of Professional Conduct (22 NYCRR 1200.0), as follows:  In or about October 2016, the respondent maintained a trust account incident to his practice of law at Capital One, entitled “Rosenthal Curry & Kranz LLP IOLA Attorney Escrow Account,” account number ending in 2392 (hereinafter the IOLA account). The respondent was the sole signatory on the IOLA account. As of October 1, 2016, the respondent was required to maintain no less than $208,238.59 in the IOLA account, comprised of funds entrusted to him in connection with the following 15 client matters:

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