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Matter of Kong

Citations: 2017 NY Slip Op 973; 148 A.D.3d 181; 46 N.Y.S.3d 661Docket: 2016-06219

Court: Appellate Division of the Supreme Court of the State of New York; February 7, 2017; New York; State Appellate Court

Original Court Document: View Document

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Philip George Kong, an attorney, was convicted of felony theft in the first degree in Washington State on February 25, 2016, for stealing over $5,000 from Desh International Law. The jury deemed the offense a major economic crime, highlighting Kong's significant lack of remorse. His sentence included 90 days of incarceration, with 30 days converted to community service, along with a $500 victim penalty and a $100 DNA collection fee. A 10-year order of protection was issued for the victims.

The Grievance Committee for the Tenth Judicial District moved to disbar Kong based on his felony conviction, invoking Judiciary Law 90(4), which mandates automatic disbarment for attorneys convicted of felonies. The court determined that the Washington felony was "essentially similar" to New York's grand larceny in the third degree. Despite being served with the motion on June 13, 2016, Kong did not respond. Consequently, the court granted the Committee's motion to strike his name from the roll of attorneys, reflecting his automatic disbarment effective February 25, 2016.

Philip George Kong is disbarred effective February 25, 2016, and his name is removed from the roll of attorneys. He must adhere to the rules applicable to disbarred attorneys under 22 NYCRR 1240.15. Immediately, he is prohibited from practicing law in any capacity, representing clients in court, providing legal opinions or advice, and presenting himself as an attorney. Additionally, if he possesses a secure pass issued by the Office of Court Administration, it must be returned, and he is required to certify this return in his compliance affidavit.