Opinion
March 13, 1978
Motion by respondent (1) to confirm the Referee's findings and recommendations and dismissing the proceeding against him, or in the alternative, (2) to dismiss the proceeding on constitutional grounds (i.e., deprivation of due process and equal protection of the law). Cross motion by petitioner (1) to vacate this court's order dated February 6, 1975 which authorized the institution of this proceeding; and (2) to strike the respondent's name from the roll of attorneys on the ground that he has been disbarred by virtue of the felony conviction. Motion denied. Cross motion granted. This court's order dated February 6, 1975 which authorized the proceeding and on the court's own motion, its order dated February 7, 1977 which referred the issues to a Referee are both recalled and vacated. The respondent, admitted to practice before the Bar by this court on December 14, 1949, was convicted of a felony (violation of U.S. Code, tit 18, § 371 — conspiracy to defraud the United States Government and US Code, tit 18, § 203, subd [a] and § 2 — conflict of interest) in the United States District Court for the Southern District of New York on January 9, 1976. The clerk of this court is directed to strike the respondent's name from the roll of attorneys and counselors at law forthwith by reason of said conviction (Matter of Chu, 42 N.Y.2d 490). Hopkins, J.P., Latham, Rabin and Shapiro, JJ., concur.