Opinion
September 26, 2000.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent, as Libby Dorothy Salberg, was admitted to the Bar at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on September 12, 1979.
Stephen P. McGoldrick, of counsel (Thomas J. Cahill, Chief Counsel), for petitioner.
Sarah Diane McShea, attorney for respondent.
Before: Hon. Angela M. Mazzarelli, Justice Presiding, Alfred D. Lerner, Richard T. Andrias, John T. Buckley, David Friedman, Justices.
Respondent, Libby D. Salberg, was admitted to practice law in the State of New York by the Second Judicial Department on September 12, 1979, as Libby Dorothy Salberg. At all times relevant to the instant proceeding, she maintained an office for the practice of law within the First Judicial Department.
On January 24, 2000, respondent pleaded guilty to all three counts of an information charging her with conspiracy to commit immigration fraud, in violation of 18 U.S.C. § 371; immigration fraud, in violation of 18 U.S.C. § 1546; and, conspiracy to obstruct justice, also in violation of 18 U.S.C. § 371. The charges in the information arose out of, inter alia, respondent's willful and knowing presentation to the Immigration and Naturalization Service of more than 25 visa applications that contained false statements of material facts.
The Departmental Disciplinary Committee now seeks an order striking respondent's name from the roll of attorneys pursuant to Judiciary Law § 90 (4) (b), on the ground that respondent has been disbarred upon her conviction of a felony as defined by Judiciary Law § 90 (4) (e). Respondent does not oppose the application.
Inasmuch as the Federal charge of immigration fraud, in violation of 18 U.S.C. § 1546, is substantially similar to the New York felony of offering a false instrument for filing in the first degree under New York Penal Law 175.35 (see Matter of Monte, 94 A.D.2d 275; see also Matter of Galano, 94 A.D.2d 280), the conviction subjects respondent to automatic disbarment (Judiciary Law § 90 [a]).
Accordingly, since respondent ceased to be an attorney upon her felony conviction, the petition to strike her name from the roll of attorneys should be granted.
All concur.
Order filed.