Opinion
2002-04180
May 5, 2003.
Motion by the Grievance Committee for the Second and Eleventh Judicial Districts to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4), upon a finding that he has been convicted of a felony. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department, on May 7, 1975. By decision and order on motion of this court dated August 12, 2002, he was suspended from the practice of law pursuant to 22 NYCRR 691.4(l)(1)(i).
Diana Maxfield Kearse, Brooklyn, N.Y. (Mark F. DeWan of counsel), for petitioner.
Ormond N. Smith, Staten Island, N.Y., respondent pro se.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, FRED T. SANTUCCI, MYRIAM J. ALTMAN, SONDRA MILLER, JJ.
OPINION ORDER
On December 3, 2002, the respondent entered a plea of guilty in the Supreme Court, Kings County, to four counts of grand larceny in the third degree, a class D felony, in violation of Penal Law § 155.35.
Pursuant to Judiciary Law § 90(4), a person ceases to be an attorney upon conviction of a felony. By virtue of his felony conviction, the respondent was automatically disbarred. Accordingly, the petitioner's motion to strike his name from the roll of attorneys and counselors-at-law is granted, effective immediately.
ORDERED that pursuant to Judiciary Law § 90, effective immediately, the respondent, Ormond N. Smith, is disbarred and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,
ORDERED that the respondent shall continue to comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,
ORDERED that pursuant to Judiciary Law § 90, effective immediately, Ormond N. Smith is commanded to continue to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law.
PRUDENTI, P.J., RITTER, SANTUCCI, ALTMAN and S. MILLER, JJ., concur.