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Matter of Schwartz

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1976
50 A.D.2d 377 (N.Y. App. Div. 1976)

Opinion

January 22, 1976

John G. Bonomi for petitioner.

No appearance on behalf of respondent.


Petitioner, the Bar Association of the City of New York, seeks an order striking the name of respondent from the roll of attorneys pursuant to subdivision 4 of section 90 Jud. of the Judiciary Law of the State of New York.

Respondent was admitted to practice as an attorney at law in the Appellate Division, Second Judicial Department, on October 18, 1961.

Respondent was convicted in the United States District Court for the Southern District of New York on April 26, 1975, after a jury trial, inter alia, of the crimes of receiving, concealing, storing and disposing of property of the value of $30,000 or more, knowing the same to have been unlawfully converted, and pledging such property as security for a loan with the knowledge that the same had been unlawfully converted, in violation of sections 1341 and 2315 of title 18 of the United States Code. On June 6, 1975 respondent was sentenced for the above crimes to a term of imprisonment for a period of two years. Such conviction was affirmed by the United States Circuit Court of Appeals on October 8, 1975.

Respondent stands convicted of crimes cognizable as felonies under the laws of the State of New York. (Penal Law, §§ 165.50 and 165.45.)

Pursuant to the provisions of subdivision 4 of section 90 Jud. of the Judiciary Law, respondent ceases to be an attorney and counselor at law or competent to practice law upon such conviction. (Matter of Abrams, 38 A.D.2d 334; Matter of Rosner, 42 A.D.2d 113.) Accordingly, the petition is granted and respondent's name is stricken from the roll of attorneys.

STEVENS, P.J., LUPIANO, CAPOZZOLI, LANE and NUNEZ, JJ., concur.

Respondent's name struck from the roll of attorneys and counselors at law in the State of New York.


Summaries of

Matter of Schwartz

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1976
50 A.D.2d 377 (N.Y. App. Div. 1976)
Case details for

Matter of Schwartz

Case Details

Full title:In the Matter of MARTIN H. SCHWARTZ, an Attorney, Respondent. ASSOCIATION…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 22, 1976

Citations

50 A.D.2d 377 (N.Y. App. Div. 1976)
378 N.Y.S.2d 705