Opinion
2014-07-31
In the Matter of Erik C. SANDERSON, an Attorney. Committee on Professional Standards, Petitioner; Erik C. Sanderson, Respondent.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael K. Creaser of counsel), for petitioner. Erik C. Sanderson, Waterford, respondent pro se.
Monica A. Duffy, Committee on Professional Standards, Albany (Michael K. Creaser of counsel), for petitioner. Erik C. Sanderson, Waterford, respondent pro se.
Before: LAHTINEN, J.P., STEIN, GARRY, ROSE and CLARK, JJ.
PER CURIAM.
Respondent was admitted to practice by this Court in 2002 and presently resides in the Town of Waterford, Saratoga County.
On February 7, 2012, respondent was convicted in Albany County upon his plea of guilty of the crime of promoting a sexual performance by a child, a class D felony ( seePenal Law § 263.15).
Although Judiciary Law § 90(4)(c) requires attorneys to report criminal convictions within 30 days, respondent failed to report his felony conviction to this Court until April 28, 2014.
Petitioner moves pursuant to Judiciary Law § 90(4)(a) and (b) to strike respondent's name from the roll of attorneys. Respondent cross-moves for permission to voluntarily resign pursuant to this Court's rules ( see22 NYCRR 806.8).
Respondent was automatically disbarred and ceased to be an attorney by operation of law when he entered his guilty plea to a felony, which “was equivalent to a conviction for attorney discipline purposes” (Matter of Russell, 216 A.D.2d 790, 791, 628 N.Y.S.2d 611 [1995];seeJudiciary Law § 90[4][a]; Matter of Brunet, 106 A.D.3d 1443, 965 N.Y.S.2d 734 [2013];Matter of Reidy, 77 A.D.3d 1276, 909 N.Y.S.2d 405 [2010] ). Consequently, “petitioner's motion to strike respondent's name from the [roll] of attorneys [is] a formality which merely confirms respondent's disbarred status” (Matter of Brunet, 106 A.D.3d at 1443, 965 N.Y.S.2d 734;see Matter of Krouner, 305 A.D.2d 932, 759 N.Y.S.2d 402 [2003] ). Given these circumstances, respondent's request to voluntarily resign pursuant to 22 NYCRR 806.8 is inapposite and is rejected ( see e.g. Matter of Klimow, 299 A.D.2d 723, 751 N.Y.S.2d 58 [2002];see also Matter of Collotta, 54 A.D.3d 98, 863 N.Y.S.2d 239 [2008];Matter of Grossman, 36 A.D.3d 170, 171–172, 829 N.Y.S.2d 293 [2006];Matter of Kourland, 172 A.D.2d 77, 79, 577 N.Y.S.2d 264 [1991] ). Therefore, we grant petitioner's motion and strike respondent's name from the roll of attorneys.
ORDERED that petitioner's motion is granted and respondent's cross motion is denied; and it is further
ORDERED that respondent's name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective immediately; and it is further
ORDERED that respondent is commanded to desist and refrain from the practice of law in any form, either as a principal or as agent, clerk or employee of another; and respondent is hereby forbidden to appear as an attorney or counselor-at-law before any court, judge, justice, board, commission or other public authority, or to give to another an opinion as to the law or its application, or any advice in relation thereto; and it is further
ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of disbarred attorneys ( see22 NYCRR 806.9).