Appellate Division of the Supreme Court of New York, 1986

In re O'Boyle

Appellate Division of the Supreme Court of New York · Decided June 2, 1986

118 A.D.2d 74; 503 N.Y.S.2d 76; 1986 N.Y. App. Div. LEXIS 53587

Counsel

APPEARANCES OF COUNSEL, Gary L. Casella (Gary D. Egerman of counsel), for petitioner.

Opinion of the Court

OPINION OF THE COURT

Per Curiam.

Respondent was admitted to practice by this court on October 19. 1966.

*75On December 2, 1985, respondent entered pleas of nolo contendere in a District Court of the State of Vermont to eight counts of embezzlement in violation of Vermont Statutes Annotated, title 13, § 2531 and eight counts of forgery under Vermont Statutes Annotated, title 13, § 1801, which are felonies under Vermont law.

The crime of embezzlement in Vermont is essentially similar to the class D felony of grand larceny in the second degree under New York Penal Law § 155.35. The crime of forgery in Vermont is essentially similar to the class D felony of forgery in the second degree under New York Penal Law § 170.10.

Pursuant to Judiciary Law § 90 (4), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony.

Accordingly, the petitioner’s motion is granted. The respondent is disbarred and the clerk of the court is directed to strike his name from the roll of attorneys and counselors-at-law forthwith.

Mollen, P. J., Lazer, Mangano, Gibbons and Kunzeman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.