Opinion
M-666
April 23, 2002.
Disciplinary proceedings instituted by the Departmental Disciplinary Committee for the First Judicial Department. Respondent was admitted to the Bar at a Term of the Appellate Division of the Supreme Court for the Second Judicial Department on January 19, 1983. By order of this Court entered on November 1, 2001 (M-4462) respondent was suspended from the practice of law in the State of New York, effective the date thereof, until the further order of this Court.
Joseph J. Hester, of counsel (Thomas J. Cahill, Chief Counsel) for petitioner.
No appearance for respondent.
Before: Andrias, J.P., Saxe, Buckley, Friedman, Marlow, JJ.
Respondent Howard B. Adler was admitted to the practice of law in New York by the Second Judicial Department on January 19, 1983. At all times relevant to these proceedings, respondent maintained an office for the practice of law within the First Judicial Department.
In an indictment filed July 11, 2001, respondent was charged in the Supreme Court, New York County, with four counts of grand larceny in the second degree (Penal Law § 155.40, a class C felony); two counts of grand larceny in the third degree (PL § 155.35, a class D felony); four counts of forgery in the second degree (PL § 170.10[1], a class D felony); and two counts of criminal possession of a forged instrument in the second degree (PL § 170.25, a class D felony). This indictment alleged that respondent stole property having a total value in excess of $200,000 and that he altered bank documents and contracts of sale.
In a separate indictment filed September 7, 2001, respondent was charged in the same court with two counts of grand larceny in the second degree (PL § 155.40[1], a class C felony); grand larceny in the third degree (PL § 155.35, a class D felony); eight counts of forgery in the second degree (PL § 170.10[1], a class D felony), seven counts of criminal possession of a forged instrument in the second degree (PL § 170.25, a class D felony); and tampering with public records in the first degree (PL § 175.25, a class D felony). This indictment involved stolen property in excess of $100,000, and the forgery of bank documents, court documents, and a letter purportedly from the Departmental Disciplinary Committee Staff.
On December 5, 2001, respondent pled guilty to all of the charges listed in both indictments.
By order of this Court entered November 1, 2001, respondent was suspended from the practice of law on an interim basis, pursuant to 22 NYCRR 603.4(e)(1)(iii), based upon uncontested evidence that respondent, inter alia, converted client funds in excess of $840,000 and forged certain documents (Matter of Adler, 287 A.D.2d 62).
The Departmental Disciplinary Committee now seeks an order striking respondent's name from the roll of attorneys, pursuant to Judiciary Law § 90(4)(b), on the ground that he has been disbarred upon his convictions of felonies as defined in Judiciary Law § 90(4)(e) (see, Matter of Rodwin, 271 A.D.2d 167). Respondent submitted no response to the motion.
Respondent was automatically disbarred upon entry of his plea of guilty to a New York felony pursuant to Judiciary Law § 90(4)(e) (see Judiciary Law § 90[b] Matter of Seader, 257 A.D.2d 285;Matter of Baum, 258 A.D.2d 83). Accordingly, the Departmental Disciplinary Committee's petition seeking an order striking respondent's name from the roll of attorneys pursuant to Judiciary Law § 90(4)(b) should be granted, respondent disbarred, and his name stricken from the role of attorneys and counselors-at-law authorized to practice law in this State.
All concur.
Order filed.