On Wednesday, September 13, 2023, the Supreme Court of the State of New York Appellate Division: Second Judicial Department suspended attorney James D. Moran for a period of one year. The ruling comes after Moran’s admission of violations of professional conduct rules during proceedings initiated by the Grievance Committee for the Tenth Judicial District.

The case is entitled “In the Matter of James D. Moran,” with case no. 2022-01700.

Moran’s suspension stemmed from a case involving his representation of Brett Marascia in 2016. Moran had failed to appear on Marascia’s behalf for crucial compliance conferences, which led to a default judgment against Marascia. Additionally, Moran had neglected to inform Marascia of these court proceedings, resulting in Marascia’s unawareness of the judgment.

Furthermore, Moran had drafted and notarized an affidavit on Marascia’s behalf without Marascia’s knowledge or presence, a move which was later deemed unethical.

The Opinion and Order states:

“Marascia did not appear before the respondent in connection with the execution of the affidavit. On or about September 20, 2019, the respondent notarized the affidavit, which contained Marascia’s purported signature.”

The Grievance Committee’s inquiry had uncovered these discrepancies, prompting the joint motion for discipline by consent. Moran had conceded to the violations, expressing remorse and acknowledging the impact of personal stresses on his professional judgment.

In its decision, the Court considered both aggravating and mitigating factors, including Moran’s 21 years of practice, initial cooperation with the Grievance Committee, and subsequent lack of cooperation.

Moran’s suspension is extended until further order of the Court, and he will not be eligible for reinstatement before July 13, 2024. During the said period, he is prohibited from practicing law in any capacity, representing clients, or giving legal opinions.

The Disposition states:

“ORDERED that the respondent, James D. Moran, admitted as James Doyle Moran, is suspended from the practice of law for a period of one year, commencing October 13, 2023, and continuing until further order of this Court.”

According to avvo.com, Mr. Moran is a speeding and traffic ticket attorney at Riverhead, New York. He attended the Pace University School of Law, graduating in 1996. He acquired his law license in New York in 2001.

A copy of the original filing can be found here.