Opinion
October 7, 1997.
DISCIPLINARY PROCEEDINGS instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the Bar on January 25, 1978, at a term of the Appellate Division of the Supreme Court in the Second Judicial Department.
Jorge Dopico of counsel ( Hal R. Lieberman, attorney), for petitioner.
Sarah Diane McShea for respondent.
Before: ROSENBERGER, J. P., WALLACH, MAZZARELLI, ANDRIAS and Co-LABELLA, JJ.
OPINION OF THE COURT
Respondent was admitted to the New York Bar at the Second Judicial Department in 1978, and has maintained an office for such practice within the First Department at all relevant times since then. On May 1, 1997 he pleaded guilty to a charge of grand larceny in the second degree, a class C felony, and was sentenced on August 5 to discharge on condition of making restitution in the amount of $91,010, plus a surcharge of $4,500.50. We further note that respondent has also pleaded guilty on May 29, in the United States District Court for the Southern District of New York, to a charge of misappropriating $300,000 from the Resolution Trust Corporation, a felony under 18 USC § 657, for which he is awaiting sentence.
Upon his conviction of grand larceny, respondent became incompetent to practice law in this State (Judiciary Law § 90 [a]). Accordingly, the petition, unopposed, is granted, and respondent's name is ordered struck from the roll of attorneys (§ 90 [4] [b]).
Petition granted, and respondent's name directed to be struck from the roll of attorneys and counselors-at-law in the State of New York forthwith.