Opinion
October 31, 2000.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the Bar at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on December 23, 196 4. By order entered on October 21, 1999, inter alia, respondent was suspended from the practice of law in the State of New York, effective the date thereof.
Sarah Jo Hamilton, of counsel (Thomas J. Cahill, Chief Counsel), for petitioner.
No appearance for respondent.
Before: Peter Tom, Justice Presiding, Richard T. Andrias, David B. Saxe, John T. Buckley, David Friedman, Justices
Respondent Jay A. Wallman was admitted to the practice of law in New York by the Second Judicial Department on December 23, 1964. At all times relevant to these proceedings, he maintained an office for the practice of law within the First Judicial Department.
The Departmental Disciplinary Committee ("the 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 automatically disbarred upon his conviction of a felony as defined by Judiciary Law § 90(4)(e).
On June 29, 2000, respondent pleaded guilty to one count of grand larceny in the first degree in violation of Penal Law § 155.42, a class B felony, and two counts of grand larceny in the second degree in violation of Penal Law § 155.40(1), a class C felony. A conviction of "any criminal offense classified as a felony under the laws of this state" (Judiciary Law § 90[e]) results in automatic disbarment by operation of law (see, Judiciary Law § 90[b];Matter of Seader, 257 A.D.2d 285).
Accordingly, the petition seeking an order striking respondent's name from the roll of attorneys, pursuant to Judiciary Law § 90(4)(b), should be granted.
All concur.
Petition granted, and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, as indicated.