Disbarment of Silver finally recognized (but not quite), Skelos remains listed as a licensed attorney with no record of public discipline

Even though Sheldon Silver and Dean Skelos were both convicted of felonies last year, they appear as attorneys with no record of public discipline.

I wrote about it repeatedly on this blog, see, for example, my blog in December 2015 and this recent blog in March of 2016.

Sheldon Silver's disbarment, as of the date of his conviction in November of 2015, was recognized by a New York appellate court yesterday, on March 29, 2016.

The court found grounds for similarity (for purposes of automatic disbarment as of the date of the conviction) between the federal conviction of Silver in November of 2015 and a New York State felony statute:

"A conviction of a federal felony does not trigger automatic disbarment unless the offense would constitute a felony under New York Penal Law (Judiciary Law § 90[4][e]; Matter of Rosenthal, 64 AD3d 16 [1st Dept 2009]). While the federal felony need not be a mirror image of the New York felony, the two crimes must be essentially similar (see Matter of Margiotta, 60 NY2d 147, 150 [1983]; Matter of Bardey, 133 AD3d 77 [1st Dept 2015]). Essential similarity in this case is established by comparing the language of the relevant state and felony statutes, as well as by examining past precedent with respect to the foreign felony at issue (Matter of Schoenecker, 107 AD3d 113 [1st Dept 2013).

A person is guilty of larceny by extortion under New York law when "he compels or induces another person to deliver such property...by means of instilling in him a fear that, if the property is not so delivered, the actor or another will...[u]se or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such a manner as to affect some person adversely" (Penal Law § 155.05[2][e][viii]). Under 18 USC § 1951(b)(2), extortion is defined as "the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, [*2]violence, or fear, or under color of official right."

Yet, on the website of NYS Unified Court System, Silver is still listed today as a licensed attorney with no record of public discipline.

We will see what amount of time will take New York to reflect the court's decision on Silver's attorney registration website.

For "mere mortal" attorneys the NYS Unified Court system bends over backwards to reflect the decision about suspension or disbarment the day the decision is made.

Dean Skelos, former Majority Leader of the New York Senate, also convicted last year of felonies, similarly continues to be shown as a licensed attorney with no record of public discipline.

 

Somehow, old connections die hard?