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In the Matter of Andrew Hirschhorn, an attorney and counselor-at-law. (Attorney Registration No. 2383446)

Matter of Hirschhorn

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PER CURIAM — The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts served the respondent with a verified petition dated June 29, 2018, containing five charges of professional misconduct. The respondent served and filed a verified answer dated August 13, 2018, admitting the allegations of the petition and setting forth mitigating circumstances. After preliminary conferences held on October 25, 2018, and November 28, 2018, and a hearing conducted on January 4, 2019, the Special Referee submitted a report dated February 14, 2019, in which he sustained all 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. The respondent cross-moves to modify the report of the Special Referee with respect to certain findings, to confirm the Special Referee’s report as so modified, and to impose such discipline as the Court deems just and proper. 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: At all times relevant to this petition, the respondent maintained an IOLA account at Bank of America, with an account number ending in 7997, entitled “Andrew J. Hirschhorn Esq P.C. IOLA Attorney Trust Account” (hereinafter the escrow account).  On February 29, 2016, the respondent deposited a personal injury settlement on behalf of his client Andre Rucker in the amount of $12,500 into his escrow account. On or about March 7, 2016, the respondent issued escrow account check number 11044 in the sum of $7,053.33 to Rucker, as payment of Rucker’s portion of the settlement. Prior to Rucker presenting this check for payment, the balance in the respondent’s escrow account fell below $7,053.33, as follows:

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