120 N.Y.S. 1006 | N.Y. App. Div. | 1910
Hpon the petition of the Bar Association of .the City of. Hew York alleging'that the respondent-.was duly admitted to practice as attorney'and counselor at law in the courts of the State of ¡Hew
Subdivision 3 of section 88 of the Judiciary Law (Laws of 1909, chap. 35) provides that: “ Whenever any attorney and counsellor 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 such conviction, and thereupon the name of the person so convicted shall, by order of the court, be stricken from the roll of attorneys.” This provision is mandatory, and where there is presented to the court a certified or exemplified copy of the judgment of such conviction of an attorney and counselor at law of a felony, the court is required to order his name to be stricken from the roll of attorneys.
The facts alleged by the respondent in his answer and cross-petition are entirely irrelevant to this proceeding, and justify no judicial action by this court.
The motion will, therefore, be granted.
■ Present— Ingraham, P, J., McLaughlin, Clarke, Scott and Dowling, JJ.
Motion'granted. Settle order on notice.