Opinion
October 7, 1999
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department.
Respondent, Richard J. Cardali, Jr., was admitted to the Bar at a Term of the Appellate Division of the Supreme Court for the First Judicial Department on May 11, 1977.
Raymond Vallejo, of counsel (Thomas J. Cahill, Chief Counsel) for petitioner.
Howard Benjamin, of counsel (Gentile, Brotman Benjamin, attorneys) for respondent.
MILTON L. WILLIAMS, ANGELA M. MAZZARELLI, ALFRED D. LERNER, ISRAEL RUBIN, Justices.
PER CURIAM.
Respondent, Richard J. Cardali Jr., was admitted to the practice of law in the State of New York by the Second Judicial Department on May 11, 1977 as Richard James Cardali. At all times pertinent to this proceeding, he has maintained an office for the practice of law within the First Judicial Department.
New York Judiciary Law § 90 (4) (a) provides:
Any person being an attorney and counsellor-at-law who shall be convicted of a felony as defined in paragraph e of this subdivision, shall upon such conviction, cease to be an attorney and counsellor-at-law, or to be competent to practice law as such.
Paragraph (e), to the extent relevant here, defines as a felony, "any criminal offense classified as a felony under the laws of this state."
Petitioner, the Departmental Disciplinary Committee of the First Judicial Department, seeks to have respondent's name stricken from the roll of attorneys based on respondent's conviction of commercial bribing in the first degree, in violation of Penal Law § 180.03, a class E felony. Respondent therefore ceased to be an attorney by operation of law upon his conviction of this felony (Judiciary Law § 90 [a]).
Accordingly, the petition should be granted, and respondent's name stricken from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b), nunc pro tunc to June 15, 1999, the date of entry of the judgment of conviction.
All concur.
Order filed.