No Stay
An attorney was automatically disbarred by operation of a felony conviction by the New York Appellate Division for the First Judicial Department:
The Departmental Disciplinary Committee seeks an order…striking respondent’s name from the roll ofattorneys as of the date of his conviction of a felony…On June 28, 2006, following a jury trial,respondent was convicted in Supreme Court, New York County, of assaultin the second degree, a class D felony, after he struck a policeofficer with his motor vehicle while the officer was issuing him atraffic summons. After respondent failed to appear for sentencing inSeptember 2006, the court issued a warrant for his arrest. Respondentfled to and resided in Africa and Europe, but returned to court on theoutstanding warrant in January 2009. In May 2009, respondent wassentenced to six months of incarceration and five years of probation.
In opposition to the petition, respondent, pro se, claims, inter alia,that he is innocent and that he was “duped” by his own counsel, andasks that any sanction be deferred pending the appeal of hisconviction.
Respondent’s felony conviction automatically disbarred him by operation of law. There are no legal grounds for a staypending the appeal of a felony conviction.
(Mike Frisch)