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In re Fanta
Citations: 242 A.D.2d 172; 674 N.Y.S.2d 293; 1998 N.Y. App. Div. LEXIS 6429
Court: Appellate Division of the Supreme Court of the State of New York; June 4, 1998; New York; State Appellate Court
Ronald Herbert Fanta, an attorney admitted to practice law in New York since January 20, 1981, was suspended for three years on October 3, 1996, due to neglect of legal matters, misrepresentations to clients and the Departmental Disciplinary Committee, and submission of forged documents. On September 29, 1997, he pleaded guilty to making false statements to the U.S. Immigration and Naturalization Service, a violation of 18 USC 1001, and was sentenced to three years of probation, including six months of home detention, a $7,000 fine, and a $50 assessment. On April 6, 1998, the Committee filed a petition to strike Fanta’s name from the roll of attorneys, invoking Judiciary Law § 90(4)(b), which mandates automatic disbarment for felony convictions. The court noted that Fanta's federal conviction is classified as a felony and is comparable to the New York felony of offering a false instrument for filing in the first degree under Penal Law § 175.35. As such, the court concluded that automatic disbarment was appropriate. The petition was granted, and Fanta's name was ordered to be stricken from the roll of attorneys, effective immediately. The decision was concurred by Justices Milonas, Ellerin, Wallach, Tom, and Mazzarelli.