
    In the Matter of Frank J. Adipietro, an Attorney and Counselor at Law, Respondent. Joint Bar Association Grievance Committee for the Second and Eleventh Judicial Districts, Petitioner.
   Motion by petitioner to (1) withdraw its motion to confirm the report of the Referee; (2) vacate this court’s order of September 17, 1976 which authorized the institution of this proceeding; and (3) strike respondent’s name from the roll of attorneys and counselors at law on the ground that respondent has been disbarred by virtue of a felony conviction. Motion granted. The motion is deemed withdrawn, its order dated September 17, 1976, authorizing the disciplinary proceeding against respondent is recalled and vacated. The respondent, admitted to practice before the Bar by this court on March 29, 1961 under the name Frank Joseph Adipietro was convicted of a felony (violation of US Code, tit 26, § 7201, willful attempt to evade payment of income tax by preparing and mailing to the Internal Revenue Service a false and fraudulent tax return on behalf of himself and his wife) in the United States District Court for the Eastern District of New York on June 7, 1976. The clerk of this court is directed to strike his name from the roll of attorneys and counselors at law forthwith by reason of said conviction (Matter of Chu, 42 NY2d 490). Hopkins, J. P., Latham, Rabin, Gulotta and Shapiro, JJ., concur.  