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In re Luckman

Supreme Court of New York, Second Department

July 25, 2018

In the Matter of Gregg A. Luckman, an attorney and counselor-at-law, respondent. (Attorney Registration No. 2507481)

          APPLICATION pursuant to 22 NYCRR 1240.10 by Gregg A. Luckman, who was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 16, 1992, to resign as an attorney and counselor-at-law.

          Catherine A. Sheridan, Hauppauge, NY (Michele Filosa of counsel), for Grievance Committee for the Tenth Judicial District.

          Peter E. Brill, Hempstead, NY, for respondent.

          ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, RUTH C. BALKIN, JJ.

          OPINION & ORDER

          PER CURIAM.

         The respondent, Gregg A. Luckman, has submitted an affidavit sworn to on January 18, 2018, in support of his application to resign as an attorney and counselor-at-law (see 22 NYCRR 1240.10).

         The respondent acknowledges in his affidavit that he is the subject of an investigation conducted by the Grievance Committee for the Tenth Judicial District involving allegations of professional misconduct, including the misappropriation of client funds, the failure to safeguard funds held in escrow, and the ongoing misuse of his attorney trust account. The respondent attests that he cannot successfully defend against the allegations based upon the facts and circumstances of professional conduct as described.

         The respondent acknowledges that his resignation is freely and voluntarily tendered, without coercion or duress by anyone, with full awareness of the consequences, including that the Court's acceptance and approval shall result in the entry of an order of disbarment striking his name from the roll of attorneys and counselors-at-law.

         The respondent acknowledges that he misappropriated funds belonging to multiple clients, that he has taken steps to make those clients whole by obtaining funds from multiple sources (i.e., personal IRA accounts, a life insurance policy, and other personal financial holdings), and that other clients may exist who were impacted by the misuse of his attorney trust account but who have yet to be identified at this time.

         The respondent acknowledges that his resignation is submitted subject to any future application that may be made by a Grievance Committee to any Department of the Appellate Division for an order, pursuant to Judiciary Law § 90(6-a), directing that he make restitution or reimburse the Lawyers' Fund for Client Protection, and that he consents to the continuing jurisdiction of the Appellate Division to make such an order.

         In addition, the respondent acknowledges and agrees that pending the issuance of an order accepting his resignation, he shall not undertake to represent any new clients or accept any retainers for future legal services to be rendered, and that there will be no transactional activity in any fiduciary account to which he has access, other than for the payment of funds held therein on behalf of clients or others entitled to receive them.

         Lastly, the respondent acknowledges that in the event that the Court accepts his resignation, the order resulting therefrom and the records and documents filed in relation to the aforementioned allegations, including the affidavits, shall be deemed public records pursuant to Judiciary Law § 90(10).

         The Grievance Committee recommends that the respondent's application to resign be granted.

         Inasmuch as the respondent's application to resign substantially complies with the requirements of 22 NYCRR 1240.10, the application is granted, and effective immediately, the respondent is disbarred, and his ...


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