State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: September 10, 2015 D-62-15 

___________________________________

In the Matter of ANYA A. TENDLER, 

an Attorney.

MEMORANDUM AND ORDER

 ON MOTION

(Attorney Registration No. 4717286)

___________________________________

Calendar Date: August 24, 2015

Before: McCarthy, J.P., Garry, Egan Jr. and Devine, JJ.

__________

Monica A. Duffy, Committee on Professional Standards,

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

Standards.

Anya A. Tendler, Canton, pro se.

__________

Per Curiam.

Anya A. Tendler was admitted to practice by the First

Department in 2009, and currently maintains an office for the

practice of law in the Town of Canton, St. Lawrence County. 

On October 28, 2014, Tendler pleaded guilty to one count of

aggravated driving while intoxicated (see Vehicle and Traffic Law

§ 1192 [2-a] [b]), a felony. The Committee on Professional

Standards now moves pursuant to Judiciary Law § 90 (4) (a) and

(b) to strike Tendler's name from the roll of attorneys. By

affirmation in response, dated August 17, 2015, Tendler opposes

the motion on the ground that she was not convicted of a felony

as defined in Judiciary Law § 90 (4) (a) and (e). Alternatively,

Tendler requests that the subject motion be held in abeyance for

four months pending completion of her interim probation.
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Tendler was automatically disbarred and ceased to be an

attorney by operation of law in October 2014 when she entered her

guilty plea to a felony, which, for attorney discipline purposes,

served as the equivalent of a conviction (see Judiciary Law § 90

[4]; Matter of Montague, 130 AD3d 1297, 1298 [2015]; Matter of

Sanderson, 119 AD3d 1318, 1318 [2014]; Matter of Reidy, 77 AD3d

1276, 1276 [2010]). Consequently, "[the Committee's] motion to

strike [Tendler's] name from the [roll] of attorneys [is] a

formality which merely confirms [Tendler's] disbarred status"

(Matter of Montague, 130 AD3d at 1298; see Matter of Brunet, 106

AD3d 1443, 1443 [2013]; Matter of Sanderson, 119 AD3d at 1318). 

The terms of Tendler's underlying plea agreement, meanwhile, do

not mandate a different result. While an attorney's disbarment

upon a plea of guilty to a felony is automatic, the fact that her

plea agreement contemplates the subsequent withdrawal of her

felony guilty plea upon successful completion of a period of

interim probation, leaving only a plea to a misdemeanor offense,

would not serve to automatically restore her to the bar – to

attain said relief, she must make a motion for reinstatement (cf.

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

Montague, 130 AD3d at 1298; see also Matter of Harding, 73 AD3d

148, 149 [2010]).

Therefore, we grant the Committee's motion and strike

Tendler's name from the roll of attorneys nunc pro tunc to

October 28, 2014.

McCarthy, J.P., Garry, Egan Jr. and Devine, JJ., concur.

ORDERED that the motion of the Committee on Professional

Standards is granted; and it is further

ORDERED that Anya A. Tendler's name is hereby stricken from

the roll of attorneys and counselors-at-law of the State of New

York, effective nunc pro tunc to October 28, 2014; and it is

further
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ORDERED that Anya A. Tendler is commanded to desist and

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

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

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

ORDERED that Anya A. Tendler 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