Matter of Scollar
2018 NY Slip Op 01279 [159 AD3d 59]
January 10, 2017
Per Curiam.
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 11, 2018


[*1]
In the Matter of Allison Scollar, an Attorney, Respondent. Attorney Grievance Committee for the First Judicial Department, Petitioner.

First Department, January 10, 2017

APPEARANCES OF COUNSEL

Jorge Dopico, Chief Attorney, Attorney Grievance Committee, New York City (Raymond Vallejo of counsel), for petitioner.

Emery Celli Brinckerhoff & Abady LLP (Hal R. Lieberman of counsel), for respondent.

{**159 AD3d at 60} OPINION OF THE COURT
Per Curiam.

Respondent Allison Scollar was admitted to the practice of law in the State of New York by the First Judicial Department on April 15, 1991. At all times relevant to this proceeding, respondent has maintained her principal place of business within the First Judicial Department.

By petition dated June 7, 2016, the Departmental Disciplinary Committee seeks an order striking respondent's name from the roll of attorneys in the State of New York pursuant to Judiciary Law § 90 (4) (b).

Notably, respondent entered into a plea and cooperation agreement that was filed under [*2]seal in a criminal case being prosecuted by the New York County District Attorney's Office before Hon. Michael Obus. On November 18, 2015, respondent pleaded guilty in Supreme Court, New York County, to grand larceny in the second degree in violation of Penal Law § 155.40, a class C felony, residential mortgage fraud in the second degree in violation of Penal Law § 187.20, a class C felony, and scheme to defraud in the first degree in violation of Penal Law § 190.65 (1) (b), a class E felony.

Respondent's conviction of New York felonies constitutes grounds for automatic disbarment pursuant to section 90 (4) (a) of the Judiciary Law and her name should be stricken from the roll of attorneys pursuant to section 90 (4) (b) (see Matter of Block, 105 AD3d 70 [1st Dept 2013]). For purposes of automatic disbarment, conviction occurs at the time of the plea or verdict; therefore, the fact that respondent has not yet been sentenced does not preclude her name from being stricken from the rolls (see Matter of Sheinbaum, 47 AD3d 49 [1st Dept 2007]).

Accordingly, the Committee's petition pursuant to Judiciary Law § 90 (4) (b) should be granted, and respondent's name stricken from the roll of attorneys and counselors-at-law in the State of New York effective nunc pro tunc to November 18, 2015.

Tom, J.P., Mazzarelli, Webber, Kahn and Kern, JJ., concur.

Motion granted and respondent disbarred, effective nunc pro tunc to November 18, 2015, and until further order of this Court.{**159 AD3d at 61}

Motion to unseal disbarment order and decision granted. No opinion. All concur.