In re Simon

Summary

The court held that Stanley Simon was automatically disbarred under New York Judiciary Law § 90(4) following his federal felony conviction for making a false declaration before a grand jury, an offense analogous to New York first-degree perjury. It rejected his due process challenge and request for suspension pending appeal, and ordered that his name be stricken from the roll of attorneys effective May 9, 1989.

Holdings

1. A federal conviction for giving a false declaration before a grand jury under 18 U.S.C. § 1623 is essentially similar to, and analogous to, first-degree perjury under New York Penal Law § 210.15.
2. Automatic disbarment under Judiciary Law § 90 (4) (a) does not violate due process merely because the attorney's felony conviction is pending on appeal.
3. The respondent was not entitled to suspension pending determination of his criminal appeal; the petition to strike his name from the roll of attorneys was granted.

Questions Presented

1. Whether a federal conviction for making a false declaration before a grand jury under 18 U.S.C. § 1623 is analogous to first-degree perjury under New York Penal Law § 210.15 for purposes of Judiciary Law § 90 (4).
2. Whether automatic disbarment under Judiciary Law § 90 (4) (a) violates due process when the attorney's felony conviction is still pending on appeal.
3. Whether the attorney should be suspended rather than automatically disbarred pending resolution of the criminal appeal.

Disposition

other