Respondent Carlos Moreno was admitted to the practice of law in the State of New York by the First Judicial Department on April 13, 1992. At all relevant times, he maintained an office for the practice of law within the First Judicial Department.

On March 9, 2017 (2017 NY Slip Op 66986[U]), this Court immediately suspended respondent from the practice of law pursuant to the Rules for Attorney Disciplinary Matters (22 NYCRR § 1240.9 [a] [3]). On November 30, 2017 (2017 NY Slip Op 93745[U]), this Court suspended him for four years, retroactive to the interim suspension.

On December 18, 2020, respondent pleaded guilty in Supreme Court, New York County, to one count of scheme to defraud in the first degree, in violation of Penal Law § 190.65 (1) (b), a class E felony, and one count of the practice of law by an attorney who has been disbarred or suspended, in violation of Judiciary Law § 486, a class A misdemeanor. On August 3, 2022, respondent was sentenced to 1 to 3 years on the felony and one year on the misdemeanor to run concurrently. He is currently incarcerated.

The Attorney Grievance Committee (AGC) seeks an order striking respondent's name from the roll of attorneys on the basis of his felony conviction.^[FN*]

Conviction of the felony of scheme to defraud in the first degree in violation of Penal Law § 190.65 (1) (b) is a basis for automatic disbarment (Judiciary Law § 90 [4] [a], [b], [e]; see also Matter of Kozlow, 29 AD3d at 45 ["(f)or purposes of disbarment, a conviction occurs at the time of the plea or verdict"]).

Accordingly, the motion should be granted, and respondent's name stricken from the roll of attorneys and counselors-at-law{**213 AD3d at 120} in the State of New York pursuant to Judiciary Law § 90 (4) (a) and (b), and 22 NYCRR 1240.12 (c) (1), nunc pro tunc to December 18, 2020.

Renwick, J.P., Manzanet-Daniels, Webber, Gesmer and Higgitt, JJ., concur.

It is ordered that the Attorney Grievance Committee's motion to strike the name of the respondent, Carlos Moreno, from the roll of attorneys and counselors at-law, pursuant to Judiciary Law § 90 (4), is granted; and

It is further ordered that pursuant to Judiciary Law § 90 (4) (a) and (b) and 22 NYCRR 1240.12 (c) (1), the respondent, Carlos Moreno, is disbarred, effective nunc pro tunc to December 18, 2020, and his name is stricken from the roll of attorneys and counselors-at-law; and

It is further ordered that the respondent, Carlos Moreno, shall comply with the rules governing the conduct of disbarred or suspended attorneys (see 22 NYCRR 1240.15), and

It is further ordered that pursuant to Judiciary Law § 90, the respondent, Carlos Moreno, is commanded to desist and refrain from (1) practicing law in any form, either as a 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 [*2]himself out in any way as an attorney and counselor-at-law; and

It is further ordered that if respondent, Carlos Moreno, has been issued a secure pass by the Office of Court Administration, it shall be returned forthwith to the issuing agency.