In re Boettjer (35 A.D.2d 48, 1970)

Per Curiam.

The petitioner moves to confirm the report of the Justice of the Supreme Court to whom the issues herein were referred for hearing and report. Originally, the petition set forth seven charges of professional misconduct against the respondent arising from complaints made by former clients of the respondent. At the hearing before Justice Stark, two of the charges were withdrawn by the petitioner. The report concludes that each of the five remaining charges was sustained.

One of such charges was that the respondent failed, for approximately one year, to account for or to remit to the client the net proceeds of a collection made by him on the client’s behalf, and failed to pay a personal bill which he owed to the client, an automobile service station owner.

In two other of such charges, it was alleged that the respondent failed to remit to the two clients involved, for long periods after their respective real estate closings, down payments received by him in escrow in their behalf as vendors.

Still another such charge was to similar effect, i.e., the respondent’s failure, for more than five years after an abortive real estate closing, to remit to his client a down payment received by him in escrow in the client’s behalf. It is further charged, in the interim, the respondent was “ exceedingly derelict in his duty to his client in neglecting to represent * * * [the client] in a series of legal actions against * * * [the client]