Motion by the Grievance Committee for the Ninth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4)(b), on the ground that he has been automatically disbarred by virtue of his 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 September 11, 1991, under the name Nat John Azznara.
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.
A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA PETER B. SKELOS and JOHN M. LEVENTHAL, JJ.
By opinion and order of this Court dated February 23, 2010, the respondent's resignation from the Bar was accepted, he was disbarred, and his name was stricken from the roll of attorneys and counselors-at-law, effective immediately.
Upon the Court's own motion, it is
ORDERED that the opinion and order dated February 23, 2010, is recalled and vacated, and the following opinion and order is substituted therefor:
On January 14, 2010, the respondent was sentenced, upon his plea of guilty, to grand larceny in the second degree and grand larceny in the third degree, in violation of Penal Law § 155.40(1) and § 155.35, in the County Court, Westchester County, before Judge John P. Colangelo. He was sentenced to a term of incarceration of six months, and a term of probation of five years, and ordered to pay restitution in the amount of $61,351.45.
The respondent was disbarred by operation of law upon his conviction of a felony, pursuant to Judiciary Law § 90(4)(a).
On February 23, 2010, this Court accepted the respondent's resignation and disbarred him immediately, based on his admitted inability to defend himself against pending complaints alleging that he had breached his fiduciary duty by failing to account for funds entrusted to him. By that time, however, the respondent had already been automatically disbarred due to his conviction of a felony, and was no longer an attorney by operation of law.
Accordingly, the opinion and order of this Court dated February 23, 2010, must be recalled and vacated, inasmuch as the respondent was no longer able to proffer a resignation at that time. The motion of the Grievance Committee for the Ninth Judicial District to strike the respondent's name from the roll of attorneys is granted to reflect ...