Appellate Division of the Supreme Court of New York, 1999

In re Ashley

Appellate Division of the Supreme Court of New York · Decided November 8, 1999

263 A.D.2d 70; 698 N.Y.S.2d 268; 1999 N.Y. App. Div. LEXIS 13972

Counsel

APPEARANCES OF COUNSEL, Grace D. Moran, Syosset for petitioner.

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

Matter of DuBose (Appellate Division of the Supreme Court of New York 2015)
Matter of Smitten (Appellate Division of the Supreme Court of New York 2020)
Matter of Scarpa (Appellate Division of the Supreme Court of New York 2020)
Matter of Mei (Appellate Division of the Supreme Court of New York 2020)
Matter of Hoblin (Appellate Division of the Supreme Court of New York 2020)
Matter of Anderson (Appellate Division of the Supreme Court of New York 2019)
Matter of Savitsky (Appellate Division of the Supreme Court of New York 2019)
Matter of Junior (Appellate Division of the Supreme Court of New York 2019)
Matter of Vatter (Appellate Division of the Supreme Court of New York 2019)
Matter of O'Connor (Appellate Division of the Supreme Court of New York 2019)
Matter of Shoss (Appellate Division of the Supreme Court of New York 2016)
Matter of Cvjeticanin (Appellate Division of the Supreme Court of New York 2016)
Matter of Skelos (Appellate Division of the Supreme Court of New York 2016)
Matter of Bodain (Appellate Division of the Supreme Court of New York 2016)
In re Tabone (Appellate Division of the Supreme Court of New York 2016)
In re Tabone (Appellate Division of the Supreme Court of New York 2016)
In re Bodian (Appellate Division of the Supreme Court of New York 2016)
In re Bodian (Appellate Division of the Supreme Court of New York 2016)
Matter of Halloran (Appellate Division of the Supreme Court of New York 2015)
Matter of Hartman (Appellate Division of the Supreme Court of New York 2015)
Matter of Bachman (Appellate Division of the Supreme Court of New York 2014)
Matter of Jacobs (Appellate Division of the Supreme Court of New York 2014)
Matter of Frenkel (Appellate Division of the Supreme Court of New York 2014)
Matter of Cean (Appellate Division of the Supreme Court of New York 2014)
In re Nissenbaum (Appellate Division of the Supreme Court of New York 2011)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Per Curiam.

On June 30, 1998, the respondent was convicted, after a trial *71in the United States District Court for the Eastern District of New York, of wire fraud, a felony in violation of 18 USC § 1343, subornation of perjury, a felony in violation of 18 USC § 1622, and conspiracy to commit the aforementioned crimes, misdemeanors in violation of 18 USC § 371. He was subsequently sentenced to 46 months’ imprisonment and three years’ supervised release. In addition, he was ordered to pay a $15,000 fine and a $500 special assessment.

The Court of Appeals stated in Matter of Margiotta (60 NY2d 147, 150), “[t]he Judiciary Law provides for automatic disbarment when an attorney is convicted of a felony. Under this section, an offense committed in any other State, district or territory of the United States where it is classified as a felony is determined to be a felony when it ‘would constitute a felony in this state.’ (Judiciary Law, § 90, subd 4, par e.) For purposes of this determination, the felony in the other jurisdiction need not be a mirror image of the New York felony, precisely corresponding in every detail, but it must have essential similarity. (Matter of Cahn, 52 NY2d 479, 482.)”

The respondent’s conviction arose from a scheme to defraud the Federal Home Loan Mortgage Corporation of several million dollars by submitting fraudulent documents to secure government-backed real estate loans. The respondent solicited and paid relatives and acquaintances to file the loan applications and to appear at the closings.

We conclude that the respondent’s violation of the Federal wire fraud statute is essentially similar to violations of Penal Law § 155.40, grand larceny in the second degree, which is a class C felony, and Penal Law § 190.65, scheme to defraud in the first degree, which is a class E felony.

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 his name is stricken from the roll of attorneys and counselors-at-law, effective immediately.

Mangano, P. J., Bracken, S. Miller, O’Brien and Florio, JJ., concur.

Ordered that pursuant to Judiciary Law § 90, effective immediately, the respondent, Kenneth Ashley, is disbarred, and his name is stricken from the roll of attorneys and counselors-at-law; and it is further,

*72Ordered that the respondent shall comply with this Court’s rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10); and it is further,

Ordered that pursuant to Judiciary Law § 90, effective immediately, Kenneth Ashley 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 himself out in any way as an attorney and counselor-at-law.

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