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In re O'Boyle

118 A.D.2d 74 Court Second Department, Decision date 1986-06-02 English

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p. 74
In the Matter of Edwards C. O’Boyle, Jr., an Attorney, Respondent. Grievance Committee for the Ninth Judicial District, Petitioner.
Second Department,
June 2, 1986
APPEARANCES OF COUNSEL
Gary L. Casella (Gary D. Egerman of counsel), for petitioner.

OPINION OF THE COURT

Respondent was admitted to practice by this court on October 19. 1966.

p. 75
On December 2, 1985, respondent entered pleas of nolo contendere in a District Court of the State of Vermont to eight counts of embezzlement in violation of Vermont Statutes Annotated, title 13, § 2531 and eight counts of forgery under Vermont Statutes Annotated, title 13, § 1801, which are felonies under Vermont law.

The crime of embezzlement in Vermont is essentially similar to the class D felony of grand larceny in the second degree under New York Penal Law § 155.35. The crime of forgery in Vermont is essentially similar to the class D felony of forgery in the second degree under New York Penal Law § 170.10.

Pursuant to Judiciary Law § 90 (4), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony.

Accordingly, the petitioner’s motion is granted. The respondent is disbarred and the clerk of the court is directed to strike his name from the roll of attorneys and counselors-at-law forthwith.

Mollen, P. J., Lazer, Mangano, Gibbons and Kunzeman, JJ., concur.

Statutes and regulations cited