In re Croak

Respondent was admitted to practice by the Appellate Division, Second Department, in 1976. He maintains an office for the practice of law in Albany.

*872We confirm a Referee’s report insofar as it sustained seven charges of professional misconduct against respondent and did not sustain charge IV; we disaffirm the report insofar as it sustained the excessive fee charge. We have heard respondent in mitigation.

On July 2, 1998, respondent negotiated and deposited into his escrow account a tax refund check he had received on behalf of a bankruptcy client. He then withdrew his attorney fee from the…