Matter of Dale D. Hughes

Matter of Dale D. Hughes 2013 NY Slip Op 02643 Decided on April 18, 2013 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: April 18, 2013

[*1]In the Matter of DALE D. HUGHES, an Attorney. COMMITTEE ON PROFESSIONAL STANDARDS, Petitioner; DALE D. HUGHES, Respondent. (Attorney Registration No. 1049337)

Calendar Date: March 18, 2013
Before: Rose, J.P., Lahtinen, Stein and Garry, JJ.


Peter M. Torncello, Committee on Professional
Standards, Albany (Michael G. Gaynor of counsel), for petitioner.

MEMORANDUM AND ORDER

Per Curiam.

Respondent was admitted to practice by the Appellate Division, First Department in 1977. He maintained an office for the practice of law in Lake Hill, Ulster County.

On January 16, 2013, respondent was convicted in Ulster County Court upon his plea of guilty of the crime of grand larceny in the second degree, a class C felony (see Penal Law § 155.40 [1]). Petitioner moves pursuant to Judiciary Law § 90 (4) (a) and (b) to strike respondent's name from the roll of attorneys. Respondent has not replied to the motion or otherwise appeared.

Respondent was automatically disbarred and ceased to be an attorney when he entered his guilty plea to the felony (see Judiciary Law § 90 [4] [a]; Matter of Wheatley, 89 AD3d 1276 [2011]). Therefore, we grant petitioner's motion and strike respondent's name from the roll of attorneys.

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

ORDERED that petitioner's motion is granted; 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; and it is further

ORDERED that respondent is commanded to desist and refrain
from the practice of law in any form, either as principal or as
agent, clerk or employee of another; and respondent is hereby
forbidden to appear as an attorney or counselor-at-law before any
court, judge, justice, board, commission or other public
authority, or to give to another an opinion as to the law or its
application, or any advice in relation thereto; and it is
further

ORDERED that respondent shall comply with the provisions of this Court's rules regulating the conduct of disbarred attorneys (see 22 NYCRR 806.9).