In re Wheatley
Opinion of the Court
On June 14, 2011, respondent was convicted in Albany County Court upon his plea of guilty of the crimes of grand larceny in the second degree, a class C felony, and scheme to defraud in the first degree, a class E felony (see Penal Law § 155.40 [1]; § 190.65 [1] [b]). Petitioner moves pursuant to Judiciary Law § 90 (4) (a) and (b) to strike respondent’s name from the roll of attorneys. Respondent has not appeared in response to the motion.
Respondent was automatically disbarred and ceased to be an attorney when he entered his guilty plea to a felony (see Judiciary Law § 90 [4] [a]; Matter of Reidy, 77 AD3d 1276 [2010]). Therefore, we grant petitioner’s motion and strike respondent’s name from the roll of attorneys.
Mercure, J.P, Spain, Rose, Malone Jr. and McCarthy, JJ., concur. Ordered that petitioner’s motion is granted; and it is
Case-law data current through December 31, 2025. Source: CourtListener bulk data.