Opinion
M–2968
08-15-2016
In the MATTER OF Michael J. ROSENBLATT (admitted as Michael Jon Rosenblatt), an attorney and counselor-at-law: Attorney Grievance Committee for the First Judicial Department, Petitioner, v. Michael J. Rosenblatt, Respondent.
Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Raymond J. Vallejo, of counsel), for petitioner. Harlan Greenberg, for respondent.
Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York (Raymond J. Vallejo, of counsel), for petitioner.
Harlan Greenberg, for respondent.
Peter Tom, Justice, Presiding, Angela M. Mazzarelli, David B. Saxe, Troy K. Webber, Marcy L. Kahn, Justices.
PER CURIAMRespondent Michael J. Rosenblatt was admitted to the practice of law in the State of New York by the Second Judicial Department on December 14, 1988, under the name Michael Jon Rosenblatt. At all times relevant to this proceeding, respondent has maintained his principal place of business within the First Judicial Department.
Respondent has a disciplinary history: in 1999, this Court suspended him for six months for threatening a business associate with physical violence when the latter defaulted in paying money owed in relation to respondent's restaurant, and for lying to the District Attorney's office and making false statements under oath to the DDC (253 A.D.2d 106, 687 N.Y.S.2d 23 [1st Dept. 1999] ); in 2006, the Second Department censured respondent based upon his "serious crime" conviction of soliciting business on behalf of an attorney, an unclassified misdemeanor (26 A.D.3d 49, 806 N.Y.S.2d 425 [2d Dept. 2006] ).
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By notice of petition dated June 7, 2016, the Departmental Disciplinary Committee seeks an order striking respondent's name from the roll of attorneys in the State of New York pursuant to Judiciary Law § 90(4)(b).
Notably, respondent entered into a plea and cooperation agreement that was filed under seal in a criminal case being prosecuted by the New York County District Attorney's Office before Hon. Michael Obus. On March 25, 2016, respondent pled guilty in Supreme Court, New York County, to grand larceny in the second degree in violation of Penal Law § 155.40, a class C felony.
Respondent's conviction of a New York felony constitutes grounds for his automatic disbarment pursuant to section 90(4)(a) of the Judiciary Law and his name should be stricken from the roll of attorneys pursuant to section 90(4)(b) (see Matter of Block, 105 A.D.3d 70, 960 N.Y.S.2d 375 [1st Dept 2013] ). For purposes of automatic disbarment, conviction occurs at the time of the plea or verdict; therefore, the fact that respondent has not yet been sentenced does not preclude his name from being stricken from the rolls (see Matter of Sheinbaum, 47 A.D.3d 49, 845 N.Y.S.2d 264 [1st Dept. 2007] ).
Accordingly, the Committee's petition pursuant to Judiciary Law § 90(4)(b) should be granted, and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York effective nunc pro tunc to March 25, 2016.
Motion granted and respondent disbarred, effective nunc pro tunc to March 25, 2016, and until further order of this Court.
All concur.