Matter of Finkelstein
2024 NY Slip Op 04768
| N.Y. App. Div. | 2024Background
- Stuart H. Finkelstein, admitted to the New York Bar in 1989, was previously disbarred in 2007 but reinstated in 2016.
- On July 29, 2022, Finkelstein pleaded guilty to federal mail fraud (18 USC § 1341) in the Southern District of New York, a felony conviction.
- The underlying offense involved filing fraudulent Americans with Disabilities Act (ADA) lawsuits from 2016 to 2019 on behalf of individuals who suffered no actual injuries, seeking legal fees and ADA compliance from defendants.
- He was sentenced to four years' imprisonment, three years of post-release supervision, ordered to pay a fine of $200,000, forfeit $643,102.60, and pay $205,927.89 in restitution.
- The Grievance Committee moved to strike Finkelstein from the attorney roll under Judiciary Law § 90(4), arguing his federal felony is essentially similar to a New York felony.
- Finkelstein cross-moved for a stay, citing ongoing incarceration, constitutional rights, and inability to adequately respond due to his imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Should Finkelstein be disbarred based on his federal mail fraud conviction? | Mail fraud is essentially similar to a NY felony; automatic disbarment required | Criminal proceedings ongoing; rights infringed; cannot oppose | Federal mail fraud is a NY-equivalent felony; automatic disbarment as of conviction |
| Does Finkelstein's incarceration justify a stay of the disbarment motion? | No stay warranted; conviction is complete and proceeding final | Incarceration prevents fair response; due process and self-incrimination concerns | No stay; proceedings not ongoing and full opportunity to respond was afforded |
| Is Finkelstein entitled to a hearing before disbarment? | Statute mandates automatic disbarment; no hearing required | Due process requires hearing | No hearing required; disbarment is automatic |
Key Cases Cited
- Matter of Margiotta, 60 NY2d 147 (N.Y. 1983) (established that out-of-state felonies must have 'essential similarity' to NY felonies for attorney discipline)
- Matter of Constantine, 218 AD3d 42 (N.Y. App. Div. 2023) (applies essential similarity doctrine to federal convictions in disciplinary context)