In re Sanderson

Respondent was admitted to practice by this Court in 2002 and presently resides in the Town of Waterford, Saratoga County.

On February 7, 2012, respondent was convicted in Albany County upon his plea of guilty of the crime of promoting a sexual performance by a child, a class D felony (see Penal Law § 263.15).^[1]

Petitioner moves pursuant to Judiciary Law § 90 (4) (a) and (b) to strike respondent’s name from the roll of attorneys. Respondent cross-moves for permission to voluntarily resign pursuant to this Court’s rules (see 22 NYCRR 806.8).

Respondent was automatically disbarred and ceased to be an attorney by operation of law when he entered his guilty plea to a felony, which “was equivalent to a conviction for attorney discipline purposes” (Matter of Russell, 216 AD2d 790 , 791 [1995]; see Judiciary Law § 90 [4] [a]; Matter of Brunet, 106 AD3d 1443 [2013]; Matter of Reidy, 77 AD3d 1276 [2010]). Consequently, “petitioner’s motion to strike respondent’s name from the [roll] of attorneys [is] a formality which merely confirms respondent’s disbarred status” (Matter of Brunet, 106 AD3d at 1443 ; see Matter of Krouner, 305 AD2d 932 [2003]). Given these circumstances, respondent’s request to voluntarily resign pursuant to 22 NYCRR 806.8 is inapposite and is rejected (see e.g. Matter of Klimow, 299 AD2d 723 [2002]; see also Matter of Collotta, 54 AD3d 98 [2008]; Matter of Grossman, 36 AD3d 170 , 171-172 [2006]; Matter of Kourland, 172 AD2d 77 , 79 [1991]). Therefore, we grant petitioner’s motion and strike respondent’s name from the roll of attorneys.

Lahtinen, J.P, Stein, Garry, Rose and Clark, JJ., concur.

Ordered that petitioner’s motion is granted and respondent’s cross motion is denied; and it is further ordered that respondent’s name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective im