Opinion
2011-11-10
In the Matter of Kevin P. WHEATLEY, an Attorney.Committee on Professional Standards, Petitioner;Kevin P. Wheatley, Respondent.
Peter M. Torncello, Committee on Professional Standards, Albany (Michael G. Gaynor of counsel), for petitioner.Before: MERCURE, J.P., SPAIN, ROSE, MALONE JR. and McCARTHY, JJ.
PER CURIAM.
Respondent was admitted to practice by this Court in 1998 and maintained an office for the practice of law in Albany County.
On June 14, 2011, respondent was convicted in Albany County Court upon his plea of guilty of the crimes of grand larceny in the second degree, a class C felony, and scheme to defraud in the first degree, a class E felony ( see Penal Law § 155.40[1]; § 190.65[1][b] ). Petitioner moves pursuant to Judiciary Law § 90(4)(a) and (b) to strike respondent's name from the roll of attorneys. Respondent has not appeared in response to the motion.
Respondent was automatically disbarred and ceased to be an attorney when he entered his guilty plea to a felony ( see Judiciary Law § 90[4][a]; Matter of Reidy, 77 A.D.3d 1276, 909 N.Y.S.2d 405 [2010] ). Therefore, we grant petitioner's motion and strike respondent's name from the roll of attorneys.
ORDERED that petitioner's motion is granted; and it is further
ORDERED that respondent's name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York; and it is further
ORDERED that respondent is commanded to desist and refrain from the practice of law in any form, either as principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further
ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of disbarred attorneys ( see 22 NYCRR 806.9).
MERCURE, J.P., SPAIN, ROSE, MALONE JR. and McCARTHY, JJ., concur.