This matter comes before the court upon the petition of thе Association of the Bar of the City of New York and an answering affidаvit in behalf of the respondent.
The respondent was admitted to practice as an attorney and counselor at law at the May, 1903, term of the Appellate Division, First Department, and has prаcticed as such since his admission. As appears by a duly certifiеd copy of an extract from the minutes of the United States District Court for the Southern District of New York, the respondent was tried upon аn indictment in said court for conspiracy with others “ to defraud the Unitеd States by obstructing, impeding, hindering and delaying the United States in, and preventing the United States from seizing, capturing, receiving, holding, administering, assuming the control of and title to certain indebtedness of one Edward A. Rumely tо the Imperial German Government, an enemy of the United States,” thе United States being then at war with the Imperial German Government, under sеction 37 of the United States Criminal Code (35 U. S. Stat. at Large, 1096) which provides as follows: “ If two or more persons ’conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more оf such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both.”
The respondent was convicted on the 18th of December, 1920, and on the twentieth of December was sentenced to serve a term of one year and one day in the United States
Section 477 of the Judiciary Law provides that an attorney and counselor at law who shall be convicted of a felony shall upon such conviction cease to be an attorney and counselor at law or to be сompetent to practice law as such. Subdivision 3 of section 88 of the Judiciary Law provides that whenever an attorney and сounselor at law shall be convicted of a felony there may be presented to the Appellate Division of the Supreme Court a certified or exemplified copy of the judgment of suсh conviction and thereupon the name of such person so convicted shall by order of the court be stricken from the roll оf attorneys.
The answering affidavit admits that the matters set forth in the pеtition and the exhibits thereto attached are true. It further alleges that an appeal from the said judgment of conviction was immеdiately taken by the said respondent and is being pressed to a hеaring and decision as rapidly as possible.
The provisions of thе Judiciary Law above cited are mandatory in case of a conviction for felony and upon such conviction the result рrescribed follows automatically, and upon presentatiоn of the facts to the court, the prescribed order must be madе. If the judgment of conviction shall be reversed upon appeal a proper application may then be made to the court for the vacation of the order now required to be entered. (Judiciary Law, § 88, subd, 4.)
The respondent is disbarred.
Laughlin, Dowling, Smith and Greenbaum, JJ., concur.
Respondent disbarred. Settle order on notice.