| Matter of Rosenblatt |
| 2018 NY Slip Op 01278 [159 AD3d 82] |
| January 10, 2017 |
| Per Curiam. |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, April 11, 2018 |
| In the Matter of Michael J. Rosenblatt (Admitted as Michael Jon Rosenblatt), an Attorney, Respondent. Attorney Grievance Committee for the First Judicial Department, Petitioner. |
First Department, January 10, 2017
Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York City (Raymond J. Vallejo of counsel), for petitioner.
Harlan Greenberg for respondent.
Respondent Michael J. Rosenblatt was admitted to the{**159 AD3d at 83} practice of law in the State of New York by the Second Judicial Department on December 14, 1988, under the name Michael Jon Rosenblatt. At all times relevant to this proceeding, respondent has maintained his principal [*2]place of business within the First Judicial Department.[FN*]
By notice of petition dated June 7, 2016, the Departmental Disciplinary Committee seeks an order striking respondent's name from the roll of attorneys in the State of New York pursuant to Judiciary Law § 90 (4) (b).
Notably, respondent entered into a plea and cooperation agreement that was filed under seal in a criminal case being prosecuted by the New York County District Attorney's Office before Hon. Michael Obus. On March 25, 2016, respondent pleaded guilty in Supreme Court, New York County, to grand larceny in the second degree in violation of Penal Law § 155.40, a class C felony.
Respondent's conviction of a New York felony constitutes grounds for his automatic disbarment pursuant to section 90 (4) (a) of the Judiciary Law and his name should be stricken from the roll of attorneys pursuant to section 90 (4) (b) (see Matter of Block, 105 AD3d 70 [1st Dept 2013]). For purposes of automatic disbarment, conviction occurs at the time of the plea or verdict; therefore, the fact that respondent has not yet been sentenced does not preclude his name from being stricken from the rolls (see Matter of Sheinbaum, 47 AD3d 49 [1st Dept 2007]).
Accordingly, the Committee's petition pursuant to Judiciary Law § 90 (4) (b) should be granted, and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York effective nunc pro tunc to March 25, 2016.
Tom, J.P., Mazzarelli, Webber, Kahn and Kern, JJ., concur.
Motion granted and respondent disbarred, effective nunc pro tunc to March 25, 2016, and until further order of this Court.
Motion to unseal disbarment order and decision granted. No opinion. All concur.