IN RE: Kevin C. HYLAND (admitted as Kevin Clarke Hyland)

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

IN RE: Kevin C. HYLAND (admitted as Kevin Clarke Hyland), an attorney and counselor-at-law. Departmental Disciplinary Committee for the First Judicial Department, Petitioner, Kevin C. Hyland, Respondent.

Decided: March 26, 1998

Before ROSENBERGER, J.P., and ELLERIN, WALLACH, RUBIN and ANDRIAS, JJ. Richard M. Maltz, of counsel (Hal R. Lieberman, attorney), for petitioner. No appearance for respondent.

Respondent Kevin C. Hyland was admitted to the practice of law in the State of New York by the First Judicial Department on June 30, 1993 as Kevin Clarke Hyland.   At all times pertinent to this proceeding, respondent has maintained an office for the practice of law within the First Judicial Department.

Petitioner Departmental Disciplinary Committee is seeking an order striking respondent's name from the roll of attorneys pursuant to Judiciary Law § 90(4)(b) on the ground that he has been disbarred automatically upon his conviction of a felony as defined in Judiciary Law § 90(4)(e).

In support, petitioner has shown that on August 5, 1997, respondent pled guilty in the County Court of the State of New York, County of Nassau, to one count of aggravated unlicensed operation of a motor vehicle, in violation of § 511(3) of the Vehicle and Traffic Law, and one count of operating a motor vehicle while under the influence of alcohol, in violation of Vehicle and Traffic Law § 1192(3).

Since both crimes of which respondent has been convicted constitute felonies under the law of this State and within the meaning of Judiciary Law § 90(4)(e), he has already been automatically disbarred (Judiciary Law § 90 [4] [a] ).

Accordingly, the petition is granted and respondent's name is stricken from the roll of attorneys pursuant to Judiciary Law § 90(4)(b).

All concur.