IN RE: Kevin Michael LITZ (2025)

MEMORANDUM AND ORDER ON MOTION

Respondent was admitted to practice by this Court in 2012 and maintains a Schenectady County business address with the Office of Court Administration.  Respondent was arraigned in Schenectady County Court upon a multicount felony indictment in March 2025, which had stemmed from respondent's notarization of a witness’ signature on a self-proving affidavit that he later attempted to file with Surrogate's Court.  On September 5, 2025, respondent pleaded guilty to a single count of the class E felony of tampering with physical evidence (see Penal Law § 215.40[1][b]) in full satisfaction of the indictment.  The Attorney Grievance Committee for the Third Judicial Department (hereinafter AGC) now therefore moves to strike respondent's name from the roll of attorneys as a consequence of his felony plea.  Respondent advises via correspondence that he does not oppose AGC's motion.

Respondent's conviction of a New York felony results in his automatic disbarment by operation of law and, for purposes of this proceeding, his plea of guilty serves as the functional equivalent of a conviction (see Matter of Pastel, 203 A.D.3d 1306, 1307, 162 N.Y.S.3d 606 [3d Dept. 2022];  Matter of Sherwood, 164 A.D.3d 1539, 1539–1540, 80 N.Y.S.3d 921 [3d Dept. 2018];  Matter of Butcher, 153 A.D.3d 1127, 1127, 58 N.Y.S.3d 869 [3d Dept. 2017];  see also Judiciary Law § 90[4][a], [b], [e]).  Accordingly, AGC's motion to strike respondent's name from the roll of attorneys following his conviction for a felony in this state is “a formality which merely confirms respondent's disbarred status” (Matter of Brunet, 106 A.D.3d 1443, 1443, 965 N.Y.S.2d 734 [3d Dept. 2013];  see Matter of Werther, 193 A.D.3d 1228, 1228, 144 N.Y.S.3d 258 [3d Dept. 2021]).  Thus, we grant AGC's motion, confirm respondent's disbarment and strike his name from the roll of attorneys nunc pro tunc to September 5, 2025, the date of his guilty plea (see Matter of Tendler, 131 A.D.3d 1301, 1302, 16 N.Y.S.3d 185 [3d Dept. 2015];  Matter of Russell, 216 A.D.2d 790, 791, 628 N.Y.S.2d 611 [3d Dept. 1995]).

ORDERED that the motion of the Attorney Grievance Committee for the Third Judicial Department is granted;  and it is

ORDERED that respondent's name is hereby stricken from the roll of attorneys and counselors-at-law of the State of New York, effective nunc pro tunc to September 5, 2025;  and it is further

ORDERED that respondent is commanded to desist and refrain from the practice of law in any form in the State of New York, 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, or to hold himself out in any way as an attorney and counselor-at-law in this State;  and it is further

ORDERED that respondent shall comply with the provisions of the Rules for Attorney Disciplinary Matters regulating the conduct of disbarred attorneys and shall duly certify to the same in his affidavit of compliance (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.15).

ORDERED that respondent shall, within 30 days of the date of this decision, surrender to the Office of Court Administration any Attorney Secure Pass issued to him.

Per Curiam.

Garry, P.J., Pritzker, Ceresia, McShan and Mackey, JJ., concur.