Matter of Burke

2023 NY Slip Op 04204

Opinion

Matter of Burke (2023 NY Slip Op 04204)

Matter of Burke

2023 NY Slip Op 04204

Decided on August 9, 2023

Appellate Division, Second Department

Per Curiam.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 9, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
HECTOR D. LASALLE, P.J.
MARK C. DILLON
COLLEEN D. DUFFY
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.

2023-04027

[*1]In the Matter of Jamie Burke, admitted as Jamie Moore, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Jamie Burke, respondent. (Attorney Registration No. 2370948)

MOTION by the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4)(b), based upon her conviction of a felony. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on December 5, 1990, under the name of Jamie Moore.

Diana Maxfield Kearse, Brooklyn, NY (Mark DeWan of counsel), for petitioner.

PER CURIAM.

OPINION & ORDER

On February 2, 2023, the respondent pleaded guilty before the Honorable Jerry M. Iannece, Justice of the Supreme Court, Queens County, to the crime of grand larceny in the third degree, a class D felony, in violation of Penal Law § 155.35(1), and petit larceny, a class A misdemeanor, in violation of Penal Law § 155.25(1).

The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts now moves to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4)(b), based upon her felony conviction. Although the respondent was duly served, she has neither opposed the motion nor interposed any response thereto.

Pursuant to Judiciary Law § 90(4)(a), the respondent was automatically disbarred and ceased to be an attorney upon her conviction of a felony.

Accordingly, the motion to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4)(b), is granted to reflect the respondent's automatic disbarment as of February 2, 2023.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ORDERED that the motion of the Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts to strike the name of the respondent, Jamie Burke, admitted as Jamie Moore, from the roll of attorneys and counselors at law, pursuant to Judiciary Law § 90(4)(b), is granted; and it is further,

ORDERED that pursuant to Judiciary Law § 90(4)(a), the respondent, Jamie Burke,

admitted as Jamie Moore, is disbarred, effective February 2, 2023, and her name is stricken from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4)(b); and it is further,

ORDERED that the respondent, Jamie Burke, admitted as Jamie Moore, shall comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15); and it is further,

ORDERED that pursuant to Judiciary Law § 90, the respondent, Jamie Burke, admitted as Jamie Moore, is commanded to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

ORDERED that if the respondent, Jamie Burke, admitted as Jamie Moore, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency, and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 1240.15(f).

ENTER:

Darrell M. Joseph

Acting Clerk of the Court