Second Department, July 6, 2010

APPEARANCES OF COUNSEL

Rita E. Adler, Hauppauge (Nancy B. Gabriel of counsel), for petitioner.

Per Curiam.

On October 8, 2009, the respondent was convicted, upon a plea of guilty, in the Supreme Court, New York County, before{**76 AD3d at 356} the Honorable Carol Berkman, of scheme to defraud in the first degree, a class E felony, in violation of Penal Law § 190.65. The respondent was convicted based upon her participation in an ongoing mortgage fraud scheme. On December 9, 2009, she was sentenced to five years' probation, and was directed to pay a $300 surcharge, a $50 DNA fee, and a $25 crime victim's assessment fee.

By virtue of her felony conviction, the respondent ceased to be an attorney and counselor-at-law pursuant to Judiciary Law § 90 (4) (a) and was automatically disbarred. Accordingly, the motion of the Grievance Committee for the Tenth Judicial District to strike the respondent's name from the roll of attorneys and counselors-at-law to reflect her disbarment, effective October 8, 2009, is granted.

The respondent's proffered resignation from the bar is rejected.

Prudenti, P.J., Mastro, Rivera, Skelos and Lott, JJ., concur.

Ordered that pursuant to Judiciary Law § 90 (4) (a), the respondent, Kathleen Anne Scanlon, is disbarred, effective October 8, 2009, and her name is now stricken from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90 (4) (b); and it is further,

Ordered that the respondent, Kathleen Anne Scanlon, shall comply with this Court's rules governing the conduct of disbarred, suspended, and resigned attorneys (see 22 NYCRR 691.10); and it is further,

Ordered that pursuant to Judiciary Law § 90, the respondent, Kathleen Anne [*2]Scanlon, is commanded to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, judge, justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding herself out in any way as an attorney and counselor-at-law; and it is further,

Ordered that if the respondent, Kathleen Anne Scanlon, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency and the respondent shall certify to the same in her affidavit of compliance pursuant to 22 NYCRR 691.10 (f).