SUPREME COURT STATE OF NEWYORK

APPELLATE DIVISION FOURTH DEPARTMENT

In the mailer of
TERRENCE C. BROWN-STEINER
AMENDED
Resignor, AFFIDAVIT IN SUPPORT
OF APPLICATION TO
RESIGN

STATE OFNEWYORK )
COUNTY OF MONROE ) 55:
TERRENCE C. BROWN-STEINER, being duly sworn, deposes and says
that:

1. I am an attorney admitted to practice law in the State of New York. I

hereby apply, pursuant to section 1240.10 of the Uniform Rules for Attorney

Disciplinary Matters, to resign from the bar of the State of New York. I submit this

resignation voluntarily and with full awareness of the consequences. In support of my

application, I respectfully submit this Affidavit containing the information set forth below.

2. My full name is Terrence C. Brown-Steiner. I was born on February 28,

1960, in Lockport, New York. I was admitted to practice by the Appellate Division,

Fourth Department on February 6, 1986. I also was admitted to practice in the following

jurisdictions on the following dates: U.S. District Court, Western District of New York on

July 7, 1987; U.S. Bankruptcy Court, Western District of New York on January 16, 1990;
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U.S. Supreme Court on October 1, 1990; and, the U.S. Court of Appeals, Circuit on

October 9, 1990. My attorney registration number is 2030047. I currently have a

private law practice with offices at 158 West Commercial Street, East Rochester New

York, 14445. I reside at , East Rochester, New York, 14445.

 3. All communications may be addressed to me at the office of my

attorney, Jeffrey Wicks, Esq, at 36 West Main Street, Suite 101, Rochester, New

York, and I hereby authorize my attorney to accept and acknowledge receipt of any

and all legal documents or other notices on my behalf.

4. I am currently the subject of an investigation conducted by the Grievance

Committee, Seventh Judicial District, Appellate Division, Fourth Department (the

Committee), as well as a proceeding in this court wherein the Committee has applied

for my immediate suspension. I acknowledge that the investigation and the proceeding

include at least the following acts of professional misconduct:

a. /Chicago Title: I represented in a matrimonial matter

against . Their marital residence at ,

Webster, New York was in foreclosure. However, both parties wanted the

house to be sold. I then represented the sellers at the September 14,

2015 closing after Mr. waived any potential conflict. As in any

closing, I made several guarantees, including a cancellation of the Lis

Pendens, and of the mortgage which, in this case, was based upon a loan

serviced by Seterus, Inc. (Seterus). As set forth in the

Affidavit/Guarantee, the total payoff should have been $316,778.47. I

attempted to make payment of the mortgage, however, the payment was

rejected by Seterus. I also paid the Monroe County taxes from the

proceeds of the sale. However, because I mistakenly failed to include the

interest from the taxes, both the County and Seterus rejected the

payment. I then misappropriated the aforestated amount. Chicago Title

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 reimbursed Seterus in the full amount of $348,197.87 in order to prevent

the foreclosure action from going through. The prior mortgage remained a

lien on the Property. Accordingly, I hereby admit the theft of these funds.

Consequently, I attest that I cannot successfully defend against the

allegations based upon the facts and circumstances of my professional

conduct as described herein.

b. Gail Stell: This client . $20,000.00

was received from a buyer, , as a payoff of a private

mortgage. Ms. Stell sold her canal permit and property in Macedon and

took back financing, which was UCC secured. As a result, Mr. paid

off the debt of $20,000.00. However, these funds have been dissipated,

and accordingly, that sum was never turned over to Ms. Stell. As a result,

I owe Ms. Stell $20,000.00. Accordingly, I hereby admit the theft of these

funds. Consequently, I attest that I cannot successfully defend against the

allegations based upon the facts and circumstances of my professional

conduct as described herein.

c. William Cahill estate: This

. The decedent ,

his second wife, who also is the

executrix. I advised her that attorneys fees were due, which I estimated

at $7,500.00, since the fees are not yet fixed as the estate still is open.

She then sent $10,000.00, all of which was taken as fees. However, I

hereby consent to abide by the Committees position that my fees now are

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 disallowed, pursuant to Judiciary Law section 487, and that the client now

would be owed $10,000.00. Accordingly, I hereby admit the theft of these

funds. Moreover, I attest that I cannot successfully defend against the

allegations based upon the facts and circumstances of my professional

conduct as described herein.

U. Martha Heiber estate: $20,000.00 was held for the out-of-state executor.

By court rule, the attorney must maintain a local account. I failed to

maintain the local account, and then the amount was misappropriated.

Attorneys fees are still due, with .

I would estimate final attorneys fees at . However, I hereby

consent to abide by the Committees position that my fees now are

disallowed, pursuant to Judiciary Law section 487, and that the client now

would be owed $20,000.00. Accordingly, I hereby admit the theft of these

funds. Consequently, I attest that I cannot successfully defend against the

allegations based upon the facts and circumstances of my professional

conduct as described herein.

e. Felicia Dean : I received $10,000.00 as

. The client asked me to hold funds for

. These funds were deposited December

5, 2014. In 2015 I paid her bill in the sum $6,745.00. However, the

balance is no longer in trust, and I owe Ms. Dean $3,255.00. Accordingly,

I hereby admit the theft of these funds. Consequently, I attest that I

cannot successfully defend against the allegations based upon the facts

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 and circumstances of my professional conduct as described herein.

5. Through my attorney, arrangements have been made with Chicago Title

through its attorney, Brian S. Tretter, Litigation Attorney, Fidelity National Law Group at

105 Eisenhower Parkway, Suite 103, Roseland, New Jersey 07068, for restitution of the

aforestated amount of $348,1 97.87. Towards that end, I have signed a Mutual Release

And Settlement Agreement and made an initial payment of $75,000 to Chicago Title

through Mr. Tretter. Moreover, pursuant to that same Agreement, I have made a second

payment which was due on October 1, 2017, which was the first of monthly payments of

$1,500.00.

6. The five (5) above-listed matters i.e., Chicago Title, Stell, Cahill, Heiber

and Dean are, to my knowledge, the extent of all client matters on which monies are

owed as a result of my actions.

7. In addition, on September 18, 2017, I testified that other clients affected

by my conduct included Mr. , the Estate and the . In that

regard, I acknowledge the following:

a. : Real property was sold for , through his POA and

sister, . The property was sold on January 14, 2014, and

the net proceeds were $31,510.90. The proceeds were received, and then

deposited into my trust account, and the funds thereafter were dissipated.

Later, the funds were repaid by funds made available from the closing.

Accordingly, no restitution is owed to this client.

b. : My client was . She had filed a voluntary administration

proceedings for her uncle and was appointed voluntary administrator. On July

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 29, 2015, $39,846.61 was received, and then deposited into my trust account,

and the funds thereafter were dissipated. Later, the dissipated funds were

repaid and replaced by funds made available from the closing.

Accord ingly, no restitution is owed to this client.

c. : This was an action against Mr. s sister, resulting in a

judgment against her. The judgment against a joint account at MetLife could
-

not be enforced because MetLife refused to turn over the funds. A special

proceeding was commenced under CPLR Article 52, and in December, 2016,

funds in the amount of $23,762.27 were received and deposited. I took legal

fees and disbursements of $3,918.00, leaving a balance of $19,844.27,

which, according to my records, I then distributed to the clients. However,

because this distribution was made shortly after the funds were

received and deposited in trust, I testified on September 18, 2017 that the

funds may have been dissipated. I now wish to correct my testimony since,

upon further review of my records following this testimony, no funds

were used for this matter, and no restitution is owed.

U. Foreclosure: Here, I acknowledge another matter not previously

discussed. I was appointed as foreclosure referee in the matter of ATE v.

The foreclosure sale was held April 29, 2015. The closing on the

foreclosure sale occurred June 3, 2015. A total of $25,550.00 from the

combined proceeds of the sale and surplus monies then were received and

deposited into my trust account. However, at least part of these surplus

monies were dissipated. Later, the dissipated funds were repaid and

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 replaced by funds made available from the closing. Accordingly, no

restitution is owed to this client.

e. Estate: Here, I acknowledge yet another matter not previously discussed.

I represented the estate of , the Executor for which was .

I received proceeds of $112,782.75 from a sale of property December 12,

2014. Those funds were received, and then deposited into my trust account,

and were thereafter dissipated. Later, the dissipated funds were repaid and

replaced by funds made available from the closing. Accordingly, no

restitution is owed to this client.

8. I also acknowledge that there is another unrelated but open investigation

before this Committee regarding the allegation of neglect of a clients matter. That matter

regards the QDRO I was retained to produce for . I admit that I neglected

this clients matter and failed to communicate adequately with her. Consequently, I attest

that I cannot successfully defend against the allegations based upon the facts and

circumstances of my professional conduct as described herein.

9. I also admit that I failed to keep and produce required records related to my

trust account, as well as my failure to reconcile the account. Consequently, I attest that

I cannot successfully defend against the allegations based upon the facts and

circumstances of my professional conduct as described herein.

10. I served as an elected Town Justice in the Town of East Rochester,

New York, a position I have held since 2010. Monday, September 11, 2017 was

the last and final occasion on which I sat on the bench in that position. Moreover,

by letter of October 2, 2017 to East Rochester Town Clerk Karen Smith, I have

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formally resigned that position, effective immediately.

11. Based upon all of the foregoing, I admit the allegations of misconduct. I

have no defense to the allegations. My resignation is freely and voluntarily rendered,

without coercion or duress by anyone, and with full awareness of the consequences,

including that the Courts acceptance and approval shall result in the entry of an order of

disbarment striking my name from the roll of attorneys and counselors-at-law.

12. I hereby consent to the entry of an order by the Court, pursuant to

Judiciary Law 90 (6- a), directing that I make monetary restitution to Chicago Title for

$348,197.87, less the aforementioned amounts of $75,000.00 and $1,500.00 paid to

date as restitution in that matter, bringing the total amount owed down to $271 ,697.87. I

further consent to an order of restitution by the court with respect to other client matters

as set forth herein, as follows:

a. Gail Ste/I: $20,000.00 owed; address:

( ); telephone: (main desk); email:

unknown.

b. William Cahill estate: $10,000.00 owed; Address: ,

; telephone: ; email: unknown.

c. Martha Heiber estate: $20,000.00 owed; (brother and

Executor) address: ; Telephone:

(home); (cell); email:

d. Felicia Dean : $3,255.00 owed; address: unknown; telephone:

email: unknown.

13. This resignation is submitted subject to any future application that may be

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p

made by a Committee to any Department of the Appellate Division for an order,

pursuant to Judiciary Laws 90 (6-a), directing that I make restitution or reimburse the

Lawyers Fund for Client Protection, and I consent to the continuing jurisdiction of the

Appellate Division to make such an order.

14. I acknowledge and agree that pending issuance of an order accepting this

resignation, I 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 I have access, other than for payment of funds held

therein on behalf of clients or others entitled to receive them. Moreover, I agree to

immediately extinguish all powers of attorney which I now hold and no longer utilize

them.

15. I understand that acceptance of my resignation by the Court will result in

the entry of an Order sustaining the allegations against me and striking my name from

the roll of attorneys. I understand further that the Order and the records and documents

in relation thereto, including this Affirmation, shall be deemed public records, pursuant

to Judiciary Law 90(10).

16. 1 hereby affirm, under penalties of perjury, that the above-stated

information is true to the best of my knowledge, except for any information stated to be

made on information and belief, and as to that information, I believe it to be true.

WHEREFORE, I respectfully request that the Court accept my application to

resign as an attorney and counselor-at-law licensed to practice in the State of New

York.

Dated: October tZ , 2017

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Sworn to before me this
l2day of3%r, 2017

N UC

JEFFREY WICKS
Notary Public, State of New York
MONROE COUNfl
Commission Expires July 11, 20

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