SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _______________________________________

IN THE MATTER OF THE APPLICATION OF RAPPAPORT, HERTZ, CHERSON & ROSENTHAL, P.C. NOTICE OF MOTION PURSUANT TO 22 NYCRR 1200.46 (F)(1),(2) Index No.1123/96 FOR THE RELEASE OF ESCROW FUNDS. _______________________________________

PLEASE TAKE NOTICE that upon the annexed Affirmation of William J. Rappaport, Esq. and exhibits attached hereto, Plaintiff Applicant shall move this Court at the Supreme Court, County of Queens located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 on the 30th day of

September, 1996 or as soon thereafter as counsel may be heard for an Order directing payment from the attorney's Trust Account of money payable to a missing client and directing payment of fees, costs and disbursements pursuant to the proceeding herein to the attorneys with the balance payable to the Lawyer's Fund for Client Protection.

To: Lawyer's Fund for Client Protection 119 Washington Avenue Albany, New York 12210

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS _______________________________________

IN THE MATTER OF THE APPLICATION OF RAPPAPORT, HERTZ, CHERSON & ROSENTHAL, P.C. AFFIRMATION PURSUANT TO 22 NYCRR 1200.46 (F)(1),(2) IN SUPPORT FOR THE RELEASE OF ESCROW FUNDS. _______________________________________

WILLIAM J. RAPPAPORT, ESQ., an attorney duly admitted to practice law before the Courts of New York State, hereby affirms the following under the penalties of perjury:

(1) I am associated with the law firm of RAPPAPORT, HERTZ, CHERSON & ROSENTHAL, P.C., the Plaintiffs-Applicant herein, and as such am fully familiar with the facts and circumstances as compiled from the firm's files and records.

(2) That this is an application pursuant to 22 NYCRR §1200.46 (f)(1)(2) for the release of a sum of money payable to a client for whom which the attorney is unable to locate and for an Order directing payment of this sum to the law firm/applicant herein for any fees, costs or disbursements to satisfy the costs of the action less the balance to be payable to the Lawyer's Fund for Client Protection

(3) The facts of the legal action supporting the instant motion are as follows.

(4) The law firm of Rappaport, Krimko, Siegel and Hertz, the precursor law firm prior to the formation of RAPPAPORT, HERTZ, CHERSON & ROSENTHAL, P.C., was retained by Booker and Linda Richardson to negotiate and contract the sale of their home located at 699 East 42nd Street, Brooklyn, New York to the Purchasers known as Louis Thony Fils.

(5) Subsequent to the necessary negotiations and preparations pursuant to the sale of the residential property, title to the property was scheduled to close on July 30,1991.

(6) Pursuant to this residential real estate transaction, this firm agreed to hold $1,000.00 in its Escrow Account to guarantee payment of water meter charges assessed against the property located at 699 East 42nd Street, Brooklyn, New York as well as the charge, if any, for installation of a water meter. Attached hereto and made a part hereof is the agreement dated July 30,1991 as Exhibit "l." The agreement provided that if the escrowee did not receive notification from the Purchasers not to release said funds on or before February 5,1992, the funds may be released to the Sellers, Booker and Linda Richardson. No notice was received from Purchasers.

(7) Efforts to return the $1,000.00 to the client were unsuccessful.

(8) Efforts to reach the Richardsons by mail and phone to their last known address have been fruitless as a certified letter dated December 28,1994 addressed to a Pittsburgh address was returned. Attached hereto and made a part hereof is a copy of the returned envelope stamped "forward address expired" a Exhibit "2."

(9) Further additional efforts to contact the Richardsons were to no avail. Attached hereto and made a part hereof is a CDB search for the current residence of Booker and Linda Richardson as Exhibit "3."

(10) The CDB search listed a Pittsburgh address as being reported for Booker Richardson on May 1996. The search listed the Brooklyn address as being reported for Linda Richardson on February 1996. Certified letters were sent to the Richardsons in June 1996 and July 1996 at the respective addresses but they were returned. Attached hereto and made a part hereof is a copy of the returned envelopes stamped "unclaimed" and "attempted-not known" as Exhibit "4".

(11) The law firm of Rappaport, Hertz, Cherson & Rosenthal, P.C. has incurred expenses totalling $543.00 in connection with this proceeding. The law firm charges an hourly rate of $200.00 for attorney services and $ 100.00 for a law clerk services. An attorney within the law firm labored on the entire proceeding for .25 hours and a law clerk for three hours, thereby incurring an expense of $350.00. An Index Number was purchased at a cost of $ 170.00. The CDB search was completed at a cost of $23.00 to the law firm.

(12) Based upon the foregoing, it is respectfully submitted that pursuant to 22 NYCRR § 1200.46 (f)(1)(2) that the Court order the release of the sum payable to Mr. & Mrs. Richardson, directing payment of $543.00 to the law firm of RAPPAPORT, HERTZ, CHERSON & ROSENTHAL, P.C. to satisfy the fees, costs and disbursements in connection with this application and the balance of $457.00 payable to the Lawyer's Fund for Client Protection.

(13) No prior application for similar relief has been made.

WHEREFORE, it is respectfully requested that the instant motion be granted in its entirety and for such other and further relief as this Court deems just and necessary. Dated: Forest Hills, New York August 7,1996 WILLIAM J. RAPPAPORT

At an IAS Part 32 of the Supreme Court of the State of New York, held in and for the County of Nassau, 100 Supreme Court Drive, Mineola, New York on the day of November, 1996.

P R E S E N T: HON. UTE W. LALLY J.S.C. _______________________________________ In the matter of Chemical Bank IOLA Account No. 203-005767 GOLDBERG & CONNOLLY, Petitioner Index No. 3746/96 -against- CHEMICAL BANK and LAWYERS' FUND ORDER FOR CLIENT PROTECTION, Respondents. _______________________________________

Upon reading and filing the annexed affirmation of Matthew Tracy, dated November 18, 1996, and affidavit of Lenore Kubit, sworn to on November 19, 1996, and the exhibits annexed thereto, and all prior proceedings heretofore had herein, it is hereby

ORDERED, that petitioner's application to amend this Court's September 5, 1995 Order to change the amount of funds I held in Account No. 203-005767 that are directed to be turned over to the Lawyers' Fund for Client Protection of the State of New York from $6,454.26 to $6,112.74 is hereby granted in its entirety.

E N T E R: ______________________ J.S.C.

STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA _______________________________________ FIRST BROADCASTING CORP. d/b/a WFBL RADIO, Index No.86-2241 Plaintiff, AFFIDAVIT VS. GEORGE P. BRANCA, Defendant. _______________________________________

STATE OF NEW YORK ) ) ss.: COUNTY OF ONONDAGA )

David Shockey, being duly sworn, deposes and says:

l. That your deponent is an attorney at law, duly admitted to practice before the Courts of the State of New York, and is associated with the firm of Menter, Rudin & Trivelpiece, P.C., attorneys of record for the Plaintiff in the above captioned action. That your deponent makes this Affidavit in support of the application, by Menter, Rudin & Trivelpiece, P.C., for an Order directing payment of monies, pursuant to Disciplinary Rule 9-102 (F-1).

2. That the firm of Menter, Rudin & Trivelpiece, P.C. undertook representation of the Plaintiff in the above captioned action in 1986, and recovered a Judgment herein, which Judgment was entered in the Office of the Clerk of Onondaga on April 14, 1986.

3. That subsequent thereto, and on a periodic basis, the office of Menter, Rudin & Trivelpiece, P.C. received certain monies as a result of said Judgment and currently holds in escrow the sum of $2,351.09, representing the net due to Plaintiff after payment of the fees and disbursements of Menter, Rudin & Trivelpiece, P.C.

4. That the firm of Menter, Rudin & Trivelpiece, P.C. periodically remitted monies collected on the account to the Plaintiff. That for several years, however, Menter, Rudin & Trivelpiece, P.C. has been unable to contact any representative of the Plaintiff.

5. Indeed, not only have there been no contacts with any representative of Plaintiff for approximately the past six years, but Plaintiff's parent company, MacMillan Oil Company a/k/a MacMillan Petroleum filed a bankruptcy proceeding which ultimately, and upon information and belief, was converted to a Chapter 7 bankruptcy proceeding and no longer exists.

6. That the firm of Menter, Rudin & Trivelpiece, P.C. has attempted to contact former local representatives of the Plaintiff, former representatives of MacMillan Oil Company and former collection agency contacts who also represented or assisted Plaintiff in collection of accounts, in an effort to obtain the name and address of an officer or director of either the Plaintiff or MacMillan Oil Company so that some direction could be obtained as to where to remit the monies currently being held in escrow. That said efforts have been wholely unsuccessful.

7. That DR9-102 (F-1) provides as follows:

Whenever any sum of money is payable to a client and the lawyer is unable to locate the client, the lawyer shall apply to the Court in which the action was brought if in the Unified Court System, or, if no action was commenced in the Unified Court System, to the Supreme Court in the County in which the lawyer maintains an office for the practice of law, for an order directing payment to the lawyer of any of his or her fee and disbursements that are owed by the client and the balance, if any, to the Lawyers' Fund for Client Protection for safeguarding and disbursement to persons who are entitled thereto.

9. That your deponent would respectfully submit that the firm of Menter, Rudin & Trivelpiece, P.C. is entitled to be reimbursed for the cost of the RJI of $75.00, and, in addition, for reasonable attorneys' fees of $150.00 in conjunction with the preparation of these moving papers.

WHEREFORE, your deponent respectfully prays for an order of this Court directing the payment to Menter, Rudin & Trivelpiece, P.C. of the sum of $75.00 as reimbursement of disbursements, the sum of $150.00 as fees and further directing Menter, Rudin & Trivelpiece, P.C. to pay the remaining balance of the account to the Lawyers' Fund for Client Protection, together with such other and further relief to which the Court may seem just and proper.

______________________ David Shockey

Sworn to before me on this ____ day of July, 1997

Notary Public

At a term of the Supreme Court held in and for the County of Onondaga at the County Courthouse, Syracuse, New York on the day of , 1997.

Present: Honorable William J. Roy, Justice Presiding

STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA _______________________________________ FIRST BROADCASTING CORP. d/b/a WFBL RADIO, Index No.86-2241 Plaintiff, ORDER VS. GEORGE P. BRANCA, Defendant. _______________________________________

Menter, Rudin & Trivelpiece, P.C., as attorneys for the Plaintiff, having duly moved this Court for an Order pursuant to DR102 (F-1) directing the payment to Menter, Rudin & Trivelpiece, P.C. of certain disbursements and fees, and thereafter directing the payment, by Menter, Rudin & Trivelpiece, P.C. to the Lawyers' Fund for Client Protection of the balance of certain monies held by Menter, Rudin & Trivelpiece, P.C. for and on behalf of the Plaintiff in the above captioned action, upon the grounds that Menter, Rudin & Trivelpiece, P.C. as counsel for the Plaintiff in the above captioned action have been unable to locate said client after diligent search, and said application having duly come on before this Court

NOW, upon reading and filing the Affidavit of David Shockey, Esq., sworn to the 24th day of July, 1997, and due deliberation having been had, it is

ORDERED, that the Motion be and the same hereby is granted; and it is further

ORDERED, that Menter, Rudin & Trivelpiece, P.C. be and hereby is authorized to reimburse itself the sum of $75.00 as disbursements and the sum of $150 as fees in conjunction with this Motion; and it is further

ORDERED, that the firm of Menter, Rudin & Trivelpiece, P.C. payover the balance of any monies currently held by Menter, Rudin & Trivelpiece, P.C. for and on behalf of the Plaintiff in the above captioned action, after reimbursement of any disbursements and fees hereinbefore ordered, to the Lawyers' Fund for Client Protection, said transfer to be made within 10 days of the entry of this Order.

ENTER July 29, 1997 Syracuse, N.Y.

____________________________ JUSTICE OF THE SUPREME COURT