In re Cohn

117 A.D.2d 462, 503 N.Y.S.2d 115, 1986 N.Y. App. Div. LEXIS 53712

Opinion

OPINION OF THE COURT

Per Curiam.

The respondent was admitted to practice by this court on March 6, 1974. By order of this court dated January 4, 1985, a disciplinary proceeding was authorized, the respondent was suspended from the practice of law pending the outcome of the disciplinary proceeding, and the matter was referred to a Special Referee to hear and report.

On June 4, 1985 the respondent was convicted in the County Court, Nassau County, of attempted grand larceny in the second degree, a class E felony (see, Penal Law §§ 110.05, 155.35), upon his plea of guilty. On September 10, 1985, the respondent was sentenced to 90 days’ imprisonment and 5 years’ probation, and was directed to pay restitution of $222,870.79.

Pursuant to Judiciary Law § 90 (4), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony.

Accordingly, the petitioner’s motion is granted. The respondent is disbarred and the clerk of the court is directed to strike his name from the roll of attorneys and counselors-at-law forthwith. The January 4, 1985, order of this court should be vacated to the extent that it authorized a disciplinary proceeding, appointed a Special Referee, and referred the matter for a hearing.

Mollen, P. J., Lazer, Mangano, Gibbons and Lawrence, JJ., concur.