In re Mishkin

Appellate Division of the Supreme Court of New York

In re Mishkin

117 A.D.2d 422, 503 N.Y.S.2d 403, 1986 N.Y. App. Div. LEXIS 53704

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 2, 1986

StatusPublished

Cited by2 cases

This text of 117 A.D.2d 422 (In re Mishkin) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Mishkin, 117 A.D.2d 422, 503 N.Y.S.2d 403, 1986 N.Y. App. Div. LEXIS 53704 (N.Y. Ct. App. 1986).

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Opinion

OPINION OF THE COURT

Per Curiam.

The respondent was admitted to practice by this court on January 3, 1955, under the name Stephen Alan Mishkin.

On December 18, 1985, the respondent was found guilty after a nonjury trial in the Supreme Court, Westchester County, of five counts of grand larceny in the second degree, a class D felony (Penal Law § 155.35). On January 16, 1986, the respondent was sentenced to five concurrent indeterminate terms of imprisonment of 21/3 to 7 years.

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

Accordingly, the petitioner’s motion is granted. The respondent’s application for a stay of the instant proceeding pending this court’s determination of his appeal from his criminal conviction, is denied. The respondent is disbarred and it is directed that the respondent’s name be stricken from the roll of attorneys and counselors-at-law forthwith. Inasmuch as the charges which were essentially the subject of a disciplinary proceeding resulted in the convictions as outlined above, the disciplinary proceeding is moot and the order dated June 1, 1984, authorizing said proceeding and the orders dated September 11, 1984, January 4, 1985, and March 1, 1985, respectively, referring the matter for a hearing, should be vacated.

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

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OPINION OF THE COURT

Per Curiam.

The respondent was admitted to practice by this court on January 3, 1955, under the name Stephen Alan Mishkin.

On December 18, 1985, the respondent was found guilty after a nonjury trial in the Supreme Court, Westchester County, of five counts of grand larceny in the second degree, a class D felony (Penal Law § 155.35). On January 16, 1986, the respondent was sentenced to five concurrent indeterminate terms of imprisonment of 21/3 to 7 years.

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

Accordingly, the petitioner’s motion is granted. The respondent’s application for a stay of the instant proceeding pending this court’s determination of his appeal from his criminal conviction, is denied. The respondent is disbarred and it is directed that the respondent’s name be stricken from the roll of attorneys and counselors-at-law forthwith. Inasmuch as the charges which were essentially the subject of a disciplinary proceeding resulted in the convictions as outlined above, the disciplinary proceeding is moot and the order dated June 1, 1984, authorizing said proceeding and the orders dated September 11, 1984, January 4, 1985, and March 1, 1985, respectively, referring the matter for a hearing, should be vacated.

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

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Bluebook (online)

117 A.D.2d 422, 503 N.Y.S.2d 403, 1986 N.Y. App. Div. LEXIS 53704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mishkin-nyappdiv-1986.

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