Opinion
September 27, 1960.
Eric Nightingale for petitioner.
Jacob Shientag for respondent.
On February 18, 1960, respondent was duly convicted in the Court of General Sessions of the County of New York of the crime of attempted extortion, which is a felony (Penal Law, § 850 et seq.). Pursuant to subdivision 4 of section 90 Jud. of the Judiciary Law, respondent then ceased to be a member of the Bar.
The statutory provision is mandatory and upon proof of conviction an order of disbarment follows as a matter of course, notwithstanding the pendency of an appeal from the judgment of conviction ( Matter of Lindheim, 195 App. Div. 827; Matter of Scotti, 266 App. Div. 279).
The respondent should be disbarred.
BOTEIN, P.J., BREITEL, RABIN, VALENTE and McNALLY, JJ., concur.
Respondent disbarred.