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38 A.D.3d 87 Page 1 38 A.D.3d 87, 827 N.Y.S.2d 124, 2006 N.Y. Slip Op. 10149 (Cite as: 38 A.D.3d 87, 827 N.Y.S.2d 124)

PER CURIAM. Supreme Court, Appellate Division, First Depart- ment, New York. *87 Respondent Michael Mann was admitted to the In the Matter of Michael MANN an attorney and practice of *88 law in the State of New York by the counselor-at-law: Second Judicial Department on January 9, 1991. At Departmental Disciplinary Committee for the First all times relevant herein respondent maintained an of- Judicial Department, Petitioner, fice for the practice of law within the First Judicial Michael Mann, Respondent. Department. Dec. 28, 2006. On August 9, 2006, respondent pleaded guilty in Background: Following attorney's conviction of a Supreme Court, New York County, to Scheme to De- felony offense, Disciplinary Committee moved for fraud in the first degree, in violation of Penal Law § his automatic disbarment. 190.65(1)(a), a class E felony. At the plea proceed- ing, respondent admitted that between 2003 and 2005 Holding: The Supreme Court, Appellate Division, he and his law partner Joshua Just engaged in a held that attorney convicted of first-degree scheme to scheme in which they fraudulently obtained approxi- defraud, a class E felony, was automatically dis- mately $275,000 from ten or more of their clients by barred. charging clients for expenses which either did not ex- Disbarment ordered. ist or for which the law firm had not paid.

West Headnotes The Departmental Disciplinary Committee now moves for entry of an order striking respondent's Attorney and Client 45 59.14(6) name from the roll of attorney's pursuant to Judiciary Law § 90(4)(b), on the ground that, by operation of 45 Attorney and Client law, respondent was disbarred upon his conviction of 45I The Office of Attorney a felony as defined by Judiciary Law § 90(4)(e). The 45I(C) Discipline date of entry of a guilty plea is the date of conviction 45k59.1 Punishment; Disposition that triggers automatic disbarment (see Matter of 45k59.14 Disbarment; Revocation of Carpenter, 305 A.D.2d 19, 761 N.Y.S.2d 161 [2003]; License Matter of Christiansen, 220 A.D.2d 98, 642 N.Y.S.2d 45k59.14(6) k. Automatic Disbar- 24 [1996] ). Respondent, through counsel, consents ment. Most Cited Cases to the granting of the instant petition and to entry of Attorney convicted of first-degree scheme to defraud, an order striking his name from the roll of attorneys a class E felony, was automatically disbarred by op- and counselors-at-law. eration of law as of date of entry of his guilty plea. McKinney's Judiciary Law § 90(4)(b); McKinney's Accordingly, the motion should be granted, and re- Penal Law § 190.65(1)(a). spondent's name stricken from the roll of attorneys **125 Thomas J. Cahill, Chief Counsel, Departmen- and counselors-at-law in the State of New York, ef- tal Disciplinary Committee, New York (Raymond fective nunc pro tunc to August 9, 2006. Vallejo, of counsel), for petitioner. Respondent's name stricken from the roll of attorneys Nicolas C. Cooper for respondent. and counselors-at-law in the State of New York, ef- fective nunc pro tunc to August 9, 2006. RICHARD T. ANDRIAS, Justice Presiding, DAVID FRIEDMAN, JOSEPH P. SULLIVAN, EUGENE All concur. NARDELLI, BERNARD J. MALONE, JR., Justices. N.Y.A.D. 1 Dept.,2006. In re Mann

38 A.D.3d 87, 827 N.Y.S.2d 124, 2006 N.Y. Slip Op. 10149

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