Opinion
September 21, 2000.
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 First Judicial Department on August 27, 1984.
Vitaly Lipkansky, of counsel (Thomas J. Cahill, Chief Counsel) for petitioner.
No appearance for respondent.
Before: Hon. Milton L. Williams, Justice Presiding, Peter Tom, Israel Rubin, David B. Saxe, John T. Buckley, Justices
OPINION OF THE COURT
Respondent Sean R. McSherry was admitted to the practice of law in New York by the First Judicial Department on August 27, 1984, and at all times relevant to this proceeding has maintained an office for the practice of law within the First Judicial Department.
On August 3, 1999, respondent was convicted, after a jury trial in the United States District Court for the Eastern District of New York, of six counts of perjury in violation of 18 U.S.C. § 1623 and § 3551, one count of making a false statement in violation of 18 U.S.C. § 1001 [a] [2], and obstruction of justice in violation of 18 U.S.C. § 1503 and § 3551. He was sentenced to a term of two years on November 23, 1999 and a $5,000 fine. By petition dated June 12, 2000, the Departmental Disciplinary Committee seeks an order striking respondent's name from the roll of attorneys. Respondent has not interposed a response. Insofar as a violation of 18 U.S.C. § 1623 is essentially similar to the felony of perjury in the first degree under New York Penal Law § 210.15 (Matter of Gellene, 246 A.D.2d 109; Matter of DeSalvo, 189 A.D.2d 322), respondent's disbarment under Judiciary Law § 90 [b] is automatic.
Accordingly, the petition is granted and respondent's name is struck from the roll of attorneys, pursuant to Judiciary Law § 90 [b].
All concur.
Order filed.
Petition granted and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York, as indicated.