In re Sorin, 47 A.D.3d 1 (N.Y. App. Div. 2007). · Go Syfert
In re Sorin, 47 A.D.3d 1 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
58 citation events (58 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Dorfman (nyappdiv, 2025-07-17)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Dorfman
N.Y. App. Div. · 2025 · confidence medium
Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Philwin , 108 AD3d 129 , 132 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
examined Cited as authority (rule) Matter of Zaidi (3×)
N.Y. App. Div. · 2025 · confidence medium
"A conviction of a federal felony does not trigger automatic disbarment unless the offense would constitute a felony under the New York Penal Law" ( Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Ahern
N.Y. App. Div. · 2022 · confidence medium
The Committee also correctly argues that the elements of Penal Law § 175.35 can be established through respondent's admissions made under oath during his plea allocution, read in conjunction with the information to which he pled guilty ( see Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin , 110 AD3d 186 , 187-188 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3-4 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Ahern
N.Y. App. Div. · 2022 · confidence medium
The Committee also correctly argues that the elements of Penal Law § 175.35 can be established through respondent's admissions made under oath during his plea allocution, read in conjunction with the information to which he pled guilty ( see Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin , 110 AD3d 186 , 187-188 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3-4 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Paradis
N.Y. App. Div. · 2022 · confidence medium
If the offense has no direct analog under New York law, essential similarity may be demonstrated through the admissions made under oath during a plea allocution, which may be read in conjunction with the indictment or information ( see Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
cited Cited as authority (rule) Matter of Wiener
N.Y. App. Div. · 2020 · confidence medium
Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
cited Cited as authority (rule) Matter of Smith
N.Y. App. Div. · 2019 · confidence medium
Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Philwin , 108 AD3d 129 , 132 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Conroy
N.Y. App. Div. · 2018 · confidence medium
If this initial analysis is inconclusive, "essential similarity" can be established by admissions made under oath during a plea allocution, read in conjunction with the indictment or information ( see Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin , 110 AD3d at 187; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Ravelo
N.Y. App. Div. · 2018 · confidence medium
If this initial analysis is inconclusive, "essential similarity" can be established by admissions made under oath during a plea allocution, read in conjunction with the indictment or information ( see Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin , 110 AD3d 186 , 187 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Doonan
N.Y. App. Div. · 2017 · confidence medium
Essential similarity can be demonstrated through the respondent's admissions made under oath during his or her plea allocution, which may be read in conjunction with the indictment or information ( see Matter of Adams , 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Sorin , 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Boden
N.Y. App. Div. · 2017 · confidence medium
If this initial analysis is inconclusive, “essential similarity” can be established by admissions made under oath during a plea allocution, read in conjunction with the indictment or information (see Matter of Adams, 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin, 110 AD3d 186 , 187 [1st Dept 2013]; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of Goldfarb
N.Y. App. Div. · 2016 · confidence medium
If this initial analysis is inconclusive, “essential similarity” can be established by admissions made under oath during a plea allocution, read in conjunction with the indictment or information (see Matter of Adams, 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin, 110 AD3d 186 , 187 [1st Dept 2013]; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) In re Merker
N.Y. App. Div. · 2016 · confidence medium
Although the federal felonies of conspiracy to commit wire fraud, securities fraud and bank fraud have no direct felony analog under New York law (see Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]; Matter of Kim, 209 AD2d 127, 130 [1st Dept 1995]), the necessary essential similarity may be established by admissions made under oath during a plea allocution, read in conjunction with the indictment (see Matter of Adams, 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin, 110 AD3d 186 , 187 [1st Dept 2013]).
discussed Cited as authority (rule) Matter of Olewuenyi (2×)
N.Y. App. Div. · 2016 · confidence medium
If this initial analysis is inconclusive, “essential similarity” can be established by admissions made under oath during a plea allocution, read in conjunction with the indictment or information (see Matter of Adams, 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Lin, 110 AD3d 186 , 187 [1st Dept 2013]; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) Matter of De Sear
N.Y. App. Div. · 2014 · confidence medium
Matter of Adams, 114 AD3d 1 , 2-3 [1st Dept 2013]; Matter of Philwin, 108 AD3d 129 , 132 [1st Dept 2013]; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]). 18 USC § 2252A is violated by: “(a) Any person who ... (2) knowingly receives, or distributes ...
discussed Cited as authority (rule) Matter of Weisman
N.Y. App. Div. · 2014 · confidence medium
However, a conviction of a federal felony will trigger automatic disbarment if the offense would also constitute a felony under New York law (see Matter of Margiotta, 60 NY2d at 150 ; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) In re Adams
N.Y. App. Div. · 2013 · confidence medium
If it is not a “mirror image,” the federal felony must be “essentially similar” to a New York felony, and this similarity can be shown in admissions under oath made during a respondent’s plea allocutions, read in conjunction with the federal indictment or information (Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) In re Adams
N.Y. App. Div. · 2013 · confidence medium
If it is not a “mirror image,” the federal felony must be “essentially similar” to a New York felony, and this similarity can be shown in admissions under oath made during a respondent’s plea allocutions, read in conjunction with the federal indictment or information (Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
discussed Cited as authority (rule) In re Philwin
N.Y. App. Div. · 2013 · confidence medium
Thus, a conviction of a federal felony does not trigger automatic disbarment in this state unless the offense also constitutes a felony under New York law (Matter of Rosenthal, 64 AD3d 16, 18 [1st Dept 2009]; Matter of Christo, 69 AD3d 157 [1st Dept 2009], lv dismissed 14 NY3d 853 [2010]; Matter of Weiss, 58 AD3d 203, 205-206 [1st Dept 2008]; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]; Matter of Amsterdam, 26 AD3d 94, 96 [1st Dept 2005]; Matter of Kim, 209 AD2d 127, 129 [1st Dept 1995]; Matter of Hug, 10 AD3d 126, 128 [1st Dept 2004]; Matter of Mercado, 1 AD3d 54, 55 [1st Dept 2003]).
discussed Cited as authority (rule) In re Philwin
N.Y. App. Div. · 2013 · confidence medium
Thus, a conviction of a federal felony does not trigger automatic disbarment in this state unless the offense also constitutes a felony under New York law (Matter of Rosenthal, 64 AD3d 16, 18 [1st Dept 2009]; Matter of Christo, 69 AD3d 157 [1st Dept 2009], lv dismissed 14 NY3d 853 [2010]; Matter of Weiss, 58 AD3d 203, 205-206 [1st Dept 2008]; Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]; Matter of Amsterdam, 26 AD3d 94, 96 [1st Dept 2005]; Matter of Kim, 209 AD2d 127, 129 [1st Dept 1995]; Matter of Hug, 10 AD3d 126, 128 [1st Dept 2004]; Matter of Mercado, 1 AD3d 54, 55 [1st Dept 2003]).
discussed Cited as authority (rule) In re Dickstein
N.Y. App. Div. · 2013 · confidence medium
These admissions correspond to the New York felony of grand larceny in the fourth degree (Penal Law § 155.30 [1]) (see Matter of Starr, 88 AD3d 145 [1st Dept 2011] [respondent, convicted of, inter alia, the federal offenses of wire fraud and money laundering, disbarred based on finding that plea admissions, read in conjunction with indictment, established “essential similarity” with New York felonies of scheme to defraud in the first degree and grand larceny in the second degree]; Matter of Coren, 76 AD3d 285 [1st Dept 2010] [federal conviction for obstruction of justice ( 18 USC § 1512 …
discussed Cited as authority (rule) In re Dickstein
N.Y. App. Div. · 2013 · confidence medium
These admissions correspond to the New York felony of grand larceny in the fourth degree (Penal Law § 155.30 [1]) (see Matter of Starr, 88 AD3d 145 [1st Dept 2011] [respondent, convicted of, inter alia, the federal offenses of wire fraud and money laundering, disbarred based on finding that plea admissions, read in conjunction with indictment, established “essential similarity” with New York felonies of scheme to defraud in the first degree and grand larceny in the second degree]; Matter of Coren, 76 AD3d 285 [1st Dept 2010] [federal conviction for obstruction of justice ( 18 USC § 1512 …
discussed Cited as authority (rule) In re Simels
N.Y. App. Div. · 2012 · confidence medium
Thus, a conviction of a federal felony does not trigger automatic disbarment in this state unless the offense also constitutes a felony under New York law (Matter of Rosenthal, 64 AD3d 16, 18 [2009]; Matter of Christo, 69 AD3d 157 [2009]; Matter of Weiss, 58 AD3d 203, 205-206 [2008]; Matter of Sorin, 47 AD3d 1, 3 [2007]; Matter of Amsterdam, 26 AD3d 94, 96 [2005]; Matter of Hug, 10 AD3d 126, 128 [2004]; Matter of Mercado, 1 AD3d 54, 55 [2003]; Matter of Kim, 209 AD2d 127, 129 [1995]).
discussed Cited as authority (rule) In re Gansman
N.Y. App. Div. · 2010 · confidence medium
Thus, a conviction of a federal felony does not trigger automatic disbarment unless the offense would also constitute a felony under New York law (Matter of Rosenthal, 64 AD3d 16, 18 [2009]; Matter of Christo, 69 AD3d 157 [2009]; Matter of Weiss, 58 AD3d 203, 205-206 [2008]; Matter of Sorin, 47 AD3d 1, 3 [2007]; Matter of Amsterdam, 26 AD3d 94, 96 [2005]; Matter of Hug, 10 AD3d 126, 128 [2004]; Matter of Mercado, 1 AD3d 54, 55 [2003]; Matter of Kim, 209 AD2d 127, 129 [1995]).
discussed Cited as authority (rule) In re Christo
N.Y. App. Div. · 2009 · confidence medium
Although the essential similarity of a federal and New York felony can be established from a respondent’s sworn admissions during the plea allocution, in conjunction with the federal indictment or information (see Matter of Sorin, 47 AD3d 1, 3 [2007] [citing cases]), in this case respondent was convicted after a trial by jury and there was no allocution.
discussed Cited as authority (rule) In re Witz
N.Y. App. Div. · 2009 · confidence medium
Nevertheless, the requisite essential similarity may be established by reading the admissions made under oath during respondent’s plea allocution in conjunction with the federal information (see Matter of Sorin, 47 AD3d 1, 3 [2007]).
discussed Cited as authority (rule) In re Leff
N.Y. App. Div. · 2009 · confidence medium
A conviction of a federal felony triggers automatic disbarment if the offense is “essentially similar” to a felony under New York law (see Matter of Sorin, 47 AD3d 1, 3 [2007]; Judiciary Law § 90 [4] [e]).
discussed Cited as authority (rule) In re Fishman
N.Y. App. Div. · 2009 · confidence medium
A conviction of a federal felony triggers automatic disbarment if the offense is “essentially similar” to a felony under New York law (see Matter of Sorin, 47 AD3d 1, 3 [2007]; Judiciary Law § 90 [4] [e]).
discussed Cited as authority (rule) In re Yagman
N.Y. App. Div. · 2009 · confidence medium
A conviction of a federal felony triggers automatic disbarment if the offense is “essentially similar” to a felony under New York law (see Matter of Sorin, 47 AD3d 1, 3 [2007]; Judiciary Law § 90 [4] [e]).
discussed Cited "see" In re Goldner
N.Y. App. Div. · 2009 · signal: see · confidence high
The respondent’s admitted conduct constituted the federal felony of conspiracy to obstruct the Internal Revenue Service, which is essentially similar to the New York felony of offering a false instrument for filing in the first degree, in violation of Penal Law § 175.35, a class E felony, which provides that a “person is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation …
discussed Cited "see, e.g." Matter of Kuber
N.Y. App. Div. · 2017 · signal: see also · confidence medium
If this initial analysis is inconclusive, we turn next to the respondent’s “admissions made under oath during a plea al-locution, read in conjunction with the indictment or information” (Boden, 146 AD3d at 71 ; see also Matter of Sorin, 47 AD3d 1, 3 [1st Dept 2007]).
Retrieving the full opinion text from the archive…
In the Matter of William F. Sorin (Admitted as William Frederick Sorin), an Attorney, Departmental Disciplinary Committee for the First Judicial Department
Appellate Division of the Supreme Court of the State of New York.
Nov 8, 2007.
47 A.D.3d 1
APPEARANCES OF COUNSEL, Thomas J. Cahill, Chief Counsel, Departmental Disciplinary Committee, New York City (Raymond Vallejo of counsel), for petitioner., Paul, Weiss, Rifkind, Wharton & Garrison LLP (James L. Brochin of counsel), for respondent.
Cited by 51 opinions  |  Published

OPINION OF THE COURT

Per Curiam.

Respondent William F. Sorin was admitted to the practice of law in the State of New York by the First Judicial Department on February 11, 1974, under the name William Frederick Sorin. At all times relevant to these proceedings, respondent maintained his principal place of business within the First Judicial Department.

On November 2, 2006, respondent pleaded guilty in the United States District Court for the Eastern District of New York to a one-count felony information charging conspiracy to commit securities fraud, mail fraud and wire fraud in violation of 18 USC § 371. On May 10, 2007, respondent was sentenced to one year and one day in prison followed by three years of supervised release and ordered to pay $51,784,888 in restitution as well as a $100,000 fine.

[*3] The Committee seeks an order, pursuant to Judiciary Law § 90 (4) (b), striking respondent’s name from the roll of attorneys on the ground that his federal conviction is a proper predicate for automatic disbarment (Judiciary Law § 90 [4] [e]; Matter of Novich, 285 AD2d 136 [2001]). Respondent’s counsel has submitted a letter advising that respondent does not oppose the relief requested.

A conviction of a federal felony does not trigger automatic disbarment unless the offense would constitute a felony under the New York Penal Law (see Matter of Kim, 209 AD2d 127, 129 [1995]; Judiciary Law § 90 [4] [e]). The federal felony need not be a “mirror image” of the New York felony in that it need not correspond in every detail, but it must be essentially similar (Matter of Margiotta, 60 NY2d 147,150 [1983]; Matter of Shubov, 25 AD3d 33 [2005]).

While the underlying federal felonies of conspiracy to commit wire fraud, securities and mail fraud have no direct felony analogs under New York law, where the statutory language defining the federal offense is not “essentially similar” to a felony under the laws of this State, the essential similarity between the federal offense and a New York felony may be established in the admissions under oath made during respondent’s federal plea allocution, which may be read in conjunction with the federal indictment or information (Matter of Peiffer, 274 AD2d 158, 159 [2000]; Matter of Lulkin, 258 AD2d 209, 210 [1999]).

During his plea allocution, respondent admitted that, while general counsel of Comverse Technology, Inc. (CTI), from the 1990s to 2002 he conspired with other former senior executives at CTI to conceal that Comverse stock options grants were being backdated to dates when the stock was trading at periodic low points. He further admitted that he “approved proxy statements and SEC filings which falsely reported that Comverse options were issued with an exercise price at the fair market value of the stock on the grant date, when in fact Comverse was issuing backdated options with a . . . lower [price] . . . and which therefore should have been accounted for as compensation to its employees. I knew that those SEC filings would be transmitted electronically to the SEC and that the audited financial statements would be mailed to Comverse shareholders. ’ ’

Respondent’s admitted conduct corresponds to the New York felony of scheme to defraud in the first degree (Penal[*4] Law § 190.65 [1] [b]), which requires proof that a defendant “engage[d] in a scheme constituting a systematic ongoing course of conduct with intent to defraud more than one person or to obtain property from more than one person by false . . . pretenses, representations or promises, and so obtains property with a value in excess of one thousand dollars from one or more such persons.” Respondent admitted intentionally defrauding members of the investing public and shareholders by backdating millions of stock options granted to himself and others, and, as a result of this scheme, he “reaped substantial personal gain from his fraudulent conduct” and agreed as part of his sentence to pay approximately $52 million in restitution. Respondent’s own factual admissions demonstrate that he was convicted of a New York felony as defined by Judiciary Law § 90 (4) (e). Automatic disbarment is therefore appropriate (Matter of Harnisch, 7 AD3d 58 [2004]; Matter of Mercado, 1 AD3d 54 [2003]; Matter of Muraskin, 302 AD2d 33 [2002]).

We further note that respondent’s plea admission that he approved CTI’s proxy statements and SEC filings which falsely reported that the options were issued with a fair exercise price knowing that the SEC filings would be transmitted to the SEC and the audited financial statements would be mailed to Corn-verse shareholders, is also essentially similar to the New York felony of offering a false instrument for filing in the first degree (Penal Law § 175.35; Matter of Amsterdam, 26 AD3d 94 [2005]). That statute provides that “A person is guilty of offering a false instrument for filing in the first degree when, knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation.” (Penal Law § 175.35.)

Accordingly, the Committee’s motion to strike respondent’s name from the roll of attorneys and counselors-at-law pursuant to Judiciary Law § 90 (4) (b), should be granted and respondent’s name stricken from the roll of attorneys and counselors-at-law, effective nunc pro tunc to November 2, 2006.

[*5] Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ., concur.

Respondent’s name stricken from the roll of attorneys and counselors-at-law in the State of New York, nunc pro tunc to November 2, 2006.