Opinion
October 11, 1979
Nicholas C. Cooper for petitioner.
No appearance by the respondent.
The respondent was admitted to practice at a term of the Appellate Division, First Department, on March 12, 1956.
On May 31, 1979, a judgment of conviction was rendered against respondent in the Supreme Court, County of New York, following his conviction by verdict of a jury of the crime of grand larceny in the second degree, in violation of section 155.35 Penal of the Penal Law, a class D felony.
By virtue of subdivision 4 of section 90 Jud. of the Judiciary Law, respondent ceased to be an attorney and counselor at law of the State of New York at the moment of said conviction. (Matter of Mitchell, 40 N.Y.2d 153; Matter of Ginsberg, 1 N.Y.2d 144. )
The petition to strike respondent's name from the roll of attorneys should be granted.
KUPFERMAN, J.P., BIRNS, SANDLER, SULLIVAN and BLOOM, JJ., concur.
Respondent's name stricken from the roll of attorneys and counselors at law in the State of New York. [See 71 A.D.2d 248; 73 A.D.2d —.]