Matter of Tilker

Appellate Division of the Supreme Court of New York, First DepartmentMar 29, 1979
67 A.D.2d 28 (N.Y. App. Div. 1979)
67 A.D.2d 28414 N.Y.S.2d 692

March 29, 1979

Michael Alan Schwartz of counsel (Nicholas C. Cooper, attorney), for petitioner.

No one appearing on behalf of respondent.


Petitioner moves for an order pursuant to subdivision 4 of section 90 Jud. of the Judiciary Law striking respondent's name from the roll of attorneys on the ground that respondent is subject to automatic disbarment following a Federal felony conviction.

Respondent, admitted to practice by the Second Department on March 5, 1975 under the name Richard Mark Tilker, was convicted after trial in the United States District Court for the Southern District of New York of conspiring to commit offenses against the United States by unlawfully receiving stolen securities in violation of sections 2315, 371 and 2 of title 18 of the United States Code, Federal felonies.

Conviction of a Federal felony carries with it automatic disbarment pursuant to subdivision 4 of section 90 Jud. of the Judiciary Law (Matter of Thies, 45 N.Y.2d 865; Matter of Chu, 42 N.Y.2d 490).

Accordingly, the application by petitioner for an order directing respondent's disbarment should be granted and the clerk directed to strike respondent's name from the roll of attorneys and counselors at law in the State of New York.

MURPHY, P.J., SANDLER, SULLIVAN, MARKEWICH and BLOOM, JJ., concur.

Respondent's name stricken from the roll of attorneys and counselors at law in the State of New York.