2018 NY Slip Op 7692
N.Y. App. Div.2018Background
- Donna M. Conroy, admitted to NY bar in 1987 (Third Dept.), practiced in the First Judicial Department.
- On May 17, 2017, Conroy pled guilty in federal court (D.N.J.) to making false entries (18 U.S.C. §1005) and conspiracy (18 U.S.C. §§371, 1005, 1007) relating to a fraudulent capital infusion and concealment at First State Bank (FSB).
- Her plea allocution and the information established she drafted false loan documentation, concealed use of FSB shares as collateral, and agreed to a $37,500 forfeiture as proceeds of the offense.
- New Jersey temporarily suspended her law license based on the federal conviction; sentencing had not yet occurred when this proceeding was decided.
- The Attorney Grievance Committee moved to strike Conroy’s name from the roll (disbar) as an automatic result of a felony conviction or, alternatively, to treat her crimes as "serious crimes" and impose interim suspension and proceed to a disciplinary hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Conroy’s federal felony convictions mandate automatic disbarment under Judiciary Law § 90(4)(a) | AGC: Federal felonies are equivalent to NY felonies; thus automatic disbarment is required. | Conroy: Opposed automatic disbarment; consented to serious-crime relief and interim suspension but asked to defer hearing until sentencing and NJ proceedings conclude. | Court held the federal convictions are essentially similar to NY felony (PL §190.65[1][b]) based on plea allocution + information; granted disbarment effective May 17, 2017. |
| Whether federal conspiracy and false-entry statutes are "essentially similar" to a NY felony for disbarment purposes | AGC: Plea admissions + information satisfy elements of NY scheme to defraud in first degree. | Conroy: Did not contest serious-crime equivalence but opposed immediate striking pending other proceedings. | Court found plea admissions + information satisfy elements of Penal Law §190.65(1)(b); federal offenses are essentially similar. |
| Timing: Does conviction for automatic disbarment occur at plea or sentencing? | AGC: Conviction occurs at plea or verdict; motion timely despite lack of sentencing. | Conroy: Requested delay until sentencing and NJ disciplinary completion. | Court applied precedent treating conviction as occurring at plea and proceeded to disbar. |
| Remedy and effective date of discipline | AGC: Strike name from roll nunc pro tunc to date of conviction. | Conroy: Sought delay; did not oppose serious-crime interim relief. | Court ordered disbarment and striking from roll, effective nunc pro tunc to May 17, 2017. |
Key Cases Cited
- Matter of Ravelo, 163 A.D.3d 98 (1st Dept. 2018) (conviction occurs at plea or verdict for disbarment timing)
- Matter of Lin, 110 A.D.3d 186 (1st Dept. 2013) (plea triggers conviction date for disciplinary purposes)
- Matter of Armenakis, 86 A.D.3d 205 (1st Dept. 2011) (same)
- Matter of Rosenthal, 64 A.D.3d 16 (1st Dept. 2009) (federal felony disbarment requires NY analog)
- Matter of Margiotta, 60 N.Y.2d 147 (1983) (standard of "essential similarity" for analog offenses)
- Matter of Adams, 114 A.D.3d 1 (1st Dept. 2013) (use of plea allocution + information to establish essential similarity)
- Matter of Sorin, 47 A.D.3d 1 (1st Dept. 2007) (same)
- Matter of Boden, 146 A.D.3d 69 (1st Dept. 2017) (prior recognition of conspiracy convictions as essentially similar)
- Matter of Merker, 140 A.D.3d 1 (1st Dept. 2016) (same)
- Matter of Harnisch, 7 A.D.3d 58 (1st Dept. 2004) (conspiracy convictions compared to NY felonies)
- Matter of Kim, 209 A.D.2d 127 (1st Dept. 1994) (similar precedent on federal-state analogy)