On Thursday, December 15, 2022, the New York Supreme Court Appellate Division Third Judicial Department ruled on the petition for reinstatement from suspension filed by New Jersey attorney James Brendan Day.

The case is styled ‘In the Matter of James Brendan Day’ with case no. PM-218-22.

Day was suspended by an October 2021 order of the Court under (Matter of Attorneys in Violation of Judiciary Law § 468-a,198 AD3d 1068, 1074 [3d Dept 2021]. Day sought reinstatement and filed before the Court its notice of motion, affidavit with exhibits sworn on September 23, 2022. The Attorney Grievance Committee filed its responsive correspondence on October 24, 2022.

The Court determined by clear and convincing evidence that Day has complied with the order of suspension and the Rules of Court, that he has the requisite character and fitness to practice law, and that it would be in the public interest to reinstate Day to the practice of law.

Accordingly, the Court ruled in favor of Day and granted his application for reinstatement.

The disposition reads:

“ORDERED that respondent’s motion for reinstatement is granted; and it is further

ORDERED that respondent is reinstated as an attorney and counselor-at-law, effective immediately.”

As of today, Mr. James Brendan Day is the Deputy Chief, Criminal Division, of the United States Attorney’s Office, District of New Jersey. He has been admitted to the New York Bar, license no. 4865549, as well as to the New Jersey Bar. His profile can be found on LinkedIn.

A copy of the order of reinstatement can be found here.