Summary
The Appellate Division, Third Department held that Christopher John Goodson's federal conviction for conspiracy to commit bank fraud was sufficiently analogous to a New York felony to trigger automatic disbarment. The court struck his name from the New York roll of attorneys nunc pro tunc to September 28, 2018, and ordered him to desist from practicing law in the state.
Holdings
- A conviction for federal conspiracy to commit bank fraud that is sufficiently comparable to the New York class E felony of scheme to defraud in the first degree warrants automatic disbarment under Judiciary Law § 90(4)(b).
- Respondent's name must be stricken from the roll of attorneys and counselors-at-law of New York, effective nunc pro tunc to September 28, 2018, the date the guilty plea was filed.
- The court did not need to address the Attorney Grievance Committee's alternative request for discipline under 22 NYCRR 1240.13 because automatic disbarment was established.
Questions Presented
- Whether respondent's federal conviction for conspiracy to commit bank fraud was essentially similar to a New York felony so as to result in automatic disbarment under Judiciary Law § 90(4).
- Whether respondent's name should be stricken from the New York roll of attorneys nunc pro tunc to September 28, 2018.
- Whether the court needed to address the Attorney Grievance Committee's alternative request for discipline based on the misconduct underlying respondent's New Jersey suspension.
Disposition
other
Cases Cited (10)
- Matter of Butcher, 153 A.D.3d 1127, 1127 (2017)(followed)
- Matter of Ferriero, 172 A.D.3d 1698, 1699 (2019)(followed)
- Matter of Park, 95 A.D.3d 1648, 1648 (2012)(followed)
- Matter of Petiton, 155 A.D.3d 118 (2017)(followed)
- Matter of Williams, 148 A.D.3d 269 (2017)(followed)
- Matter of Duval, 148 A.D.3d 73 (2017)(followed)
- Matter of Merker, 140 A.D.3d 1 (2016)(followed)
- Matter of Hand, 164 A.D.3d 1006, 1009 (2018)(followed)
- Matter of Goncalves, 161 A.D.3d 1377, 1379 (2018)(followed)
- Matter of Goodson, 235 N.J. 329 (2018)(described)
Cited In (0)
No citing cases on record yet.
Court Document
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