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IN THE MATTER OF GROSS

5 A.D.3d 942 (2004)

774 N.Y.S.2d 836

In the Matter of HYATH B. GROSS, an Attorney, Respondent. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner.

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 22, 2004.

Per Curiam.

Petitioner and respondent each move to confirm in part and disaffirm in part a Referee's report. We grant and deny the motions, each in part, in accordance with the findings of professional misconduct set forth in this decision. We find respondent guilty of failure to deposit a client's funds in an identifiable attorney escrow account (see Code of Professional Responsibility DR 1-102 [a] [5], [7]; DR 9-102 [b] [1] [22 NYCRR 1200.3 (a) (5), (7);...

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