IN RE: Marc A. Zirogiannis (2010)

Supreme Court, Appellate Division, Second Department, New York.

IN RE: Marc A. Zirogiannis, admitted as Marc Alyn Zirogiannis, an attorney and counselor- at-law.  Grievance Committee for the Tenth Judicial District, petitioner;  Marc A. Zirogiannis, respondent.  (Attorney Registration No. 2578383) Motion by the Grievance Committee for the Tenth Judicial District for an order striking the respondent's name from the roll of attorneys and counselors-at-law, pursuant to Judiciary Law § 90(4), upon his felony conviction.  The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 5, 1994, under the name Marc Alyn Zirogiannis.  Rita E. Adler, Hauppauge, N.Y. (Michael J. Kearse of counsel),

2009-09191

Decided: June 22, 2010

A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA PETER B. SKELOS RUTH C. BALKIN, JJ.

for petitioner. PER CURIAM.   On November 24, 2009, the respondent entered a plea of guilty in the Supreme Court, New York County, before the Honorable Carol Berkman to one count of grand larceny in the fourth degree in violation of Penal Law § 155.30(1), a class E felony, and scheme to defraud in the first degree in violation of Penal Law § 190.65(1)(b), also a class E felony.   Upon a felony conviction, an attorney is automatically disbarred and no further action, judicial or otherwise, is required.   Having been convicted of the aforementioned felonies, the respondent ceased to be an attorney and counselor-at-law, pursuant to Judiciary Law § 90(4)(a).   Accordingly, the motion of the Grievance Committee for the Tenth Judicial District (hereinafter the Grievance Committee) is granted and the respondent's name is stricken from the roll of attorneys and counselors-at-law based upon his automatic disbarment at the time of his conviction, November 24, 2009.   The Grievance Committee's pending motion for the respondent ‘s interim suspension and for authorization to commence a disciplinary proceeding is denied as academic in view of the respondent's automatic disbarment. ORDERED that the motion by the Grievance Committee for the Tenth Judicial District for the respondent ‘s interim suspension and for authorization to institute and prosecute a disciplinary proceeding is denied as academic in view of his automatic disbarment.