State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: July 16, 2015 D-52-15 

___________________________________

In the Matter of MICHAEL EDWARD

MONTAGUE, a Disbarred Attorney.

MEMORANDUM AND ORDER

(Attorney Registration No. 4732707)

___________________________________

Calendar Date: June 29, 2015

Before: Lahtinen, J.P., McCarthy, Garry and Clark, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

Albany (Alison M. Coan of counsel), for Committee on Professional

Standards.

Michael Edward Montague, Clifton Park, pro se.

__________

Per Curiam.

Michael Edward Montague was admitted to practice by this

Court in 2009 and presently resides in the Town of Clifton Park,

Saratoga County.

On April 25, 2014, Montague pleaded guilty before Albany

County Court (Herrick, J.) to two felony counts of possessing a

sexual performance by a child (see Penal Law § 263.16). He

failed to report his felony conviction to this Court as required

by Judiciary Law § 90 (4) (c).

The Committee on Professional Standards now moves pursuant

to Judiciary Law § 90 (4) (a) and (b) to strike Montague's name

from the roll of attorneys.

Montague was automatically disbarred and ceased to be an

attorney by operation of law in April 2014 when he entered his

guilty plea to a felony, which, for attorney discipline purposes,
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served as the equivalent of a conviction (see Judiciary Law § 90

[4]; Matter of Sanderson, 119 AD3d 1318, 1318 [2014]; Matter of

Reidy, 77 AD3d 1276, 1276 [2010]). Consequently, "[the

Committee's] motion to strike [Montague's] name from the [roll]

of attorneys [is] a formality which merely confirms [Montague]'s

disbarred status" (Matter of Brunet, 106 AD3d 1443, 1443 [2013];

see Matter of Sanderson, 119 AD3d at 1318). This Court's recent

reversal of Montague's conviction based upon preindictment delay

(___ AD3d ___, 2015 NY Slip Op 05721 [July 2, 2015]) does not

change the result since "[r]eversal of the conviction does not

automatically restore the attorney to the [b]ar [and, t]o attain

such relief, the attorney must make a motion for reinstatement"

(Matter of Toro v Malcolm, 44 NY2d 146, 152 [1978] [citations

omitted]).

Therefore, we grant the Committee's motion and strike

Montague's name from the roll of attorneys.

Lahtinen, J.P., McCarthy, Garry and Clark, JJ., concur.

ORDERED that the motion of the Committee on Professional

Standards is granted; and it is further

ORDERED that Michael Edward Montague's name is hereby

stricken from the roll of attorneys and counselors-at-law of the

State of New York, effective immediately; and it is further

ORDERED that Michael Edward Montague is commanded to desist

and refrain from the practice of law in any form, either as

principal or as agent, clerk or employee of another; and Montague

is hereby forbidden to appear as an attorney or counselor-at-law

before any court, judge, justice, board, commission or other

public authority, or to give to another an opinion as to the law

or its application, or any advice in relation thereto; and it is

further
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ORDERED that Michael Edward Montague shall comply with the

provisions of this Court's rules regulating the conduct of

disbarred attorneys (see Rules of App Div, 3d Dept [22 NYCRR]

§ 806.9).

ENTER:

Robert D. Mayberger

Clerk of the Court