2024 NY Slip Op 01677
N.Y. App. Div.2024Background
- Telesforo Del Valle, Jr., an attorney admitted to practice in New York in 1984, maintained his law office in the First Judicial Department.
- On November 16, 2023, Del Valle pleaded guilty in the U.S. District Court for the Southern District of New York to four federal felonies: conspiracy to bribe and unlawfully compensate a federal employee, federal employee bribery, illegal compensation, and false statements.
- The criminal scheme involved Del Valle paying a Magistrate Clerk’s Office employee for directing criminal defendants to hire him as their attorney.
- Del Valle timely notified the Attorney Grievance Committee (AGC) and the court of his guilty plea and pending sentence.
- The AGC filed a motion for his automatic disbarment under Judiciary Law § 90 (4) due to his conviction for a crime essentially similar to New York’s bribery in the third degree, triggering mandatory disbarment.
- Del Valle did not contest the motion and submitted an affidavit apologizing and accepting responsibility for his actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does a federal bribery conviction require automatic disbarment under NY law? | Federal bribery is similar to NY felony; mandates disbarment. | No defense; accepts consequences. | Automatic disbarment required. |
| Is the disbarment effective before sentencing? | Disbarment occurs at plea/conviction, not sentence. | Does not contest timing. | Yes, effective as of guilty plea date. |
| Has the AGC met its burden for striking name from roll? | Conviction and essential similarity met statutory requirements. | No defense; does not oppose. | Burden met; name stricken from roll. |
| Should Del Valle be subject to further prohibitions post-disbarment? | Yes, must refrain from practice, opinion, or representation. | No opposition; concedes. | All prohibitions and obligations imposed. |
Key Cases Cited
- Matter of Margiotta, 60 NY2d 147 (NY 1983) (an out-of-state felony must be essentially similar to a NY felony for automatic disbarment to apply)
- Matter of Conroy, 167 AD3d 44 (1st Dept 2018) (clarifies 'essential similarity' in cross-jurisdictional disbarment proceedings)
- Matter of Au, 41 AD3d 67 (1st Dept 2007) (federal bribery conviction triggers automatic disbarment in NY due to essential similarity to Penal Law § 200.00)
- Matter of Bernstein, 78 AD3d 94 (1st Dept 2010) (for disbarment, conviction occurs at time of plea)