IN RE: Eric R. KELLY

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

IN RE: Eric R. KELLY, an attorney and counselor-at-law. Grievance Committee for the Tenth Judicial District, petitioner; Eric R. Kelly, respondent.

Decided: January 31, 2000

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, CORNELIUS J. O'BRIEN, SONDRA MILLER and GLORIA GOLDSTEIN, JJ. Grace D. Moran, Syosset, N.Y. (Edward A. Tini of counsel), for the petitioner. Thomas F. Liotti, Garden City, N.Y., for respondent.

The respondent was convicted, upon a jury verdict, in the County Court, Ulster County, before the Honorable J. Michael Bruhn, of sodomy in the third degree, in violation of Penal Law § 130.40(2), a class E felony.   On November 29, 1999, he was sentenced to 360 days in the Ulster County jail.   The sentence was stayed pending an appeal by the respondent.

Pursuant to Judiciary Law § 90(4), the respondent ceased to be an attorney and counselor-at-law upon his conviction of a felony.

Accordingly, the petitioner's motion is granted.   The respondent is disbarred and his name is stricken from the roll of attorneys and counselors-at-law, effective immediately.

ORDERED that pursuant to Judiciary Law § 90, effective immediately, the respondent, Eric R. Kelly, is disbarred and his name is stricken from the roll of attorneys and counselors-at-law;  and it is further,

ORDERED that the respondent shall comply with this court's rules governing the conduct of disbarred, suspended, and resigned attorneys (22 NYCRR 691.10);  and it is further,

ORDERED that pursuant to Judiciary Law § 90, effective immediately, Eric R. Kelly, is commanded to desist and refrain from (1) practicing law in any form, either as principal or as agent, clerk, or employee of another, (2) appearing as an attorney or counselor-at-law before any court, Judge, Justice, board, commission, or other public authority, (3) giving to another an opinion as to the law or its application or any advice in relation thereto, and (4) holding himself out in any way as an attorney and counselor-at-law.

PER CURIAM.

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