On Thursday, November 7, 2024, the New York Supreme Court, Appellate Division, First Judicial Department appointed a referee regarding the case of disbarred attorney Michael J. Moshan. The court’s decision follows a motion submitted by Moshan, who has been seeking to return to the legal profession after his disbarment, which was entered on August 8, 2017.
The case is entitled “In the Matter of Michael J. Moshan,” with case no. 2024-02927.
Moshan’s disbarment stemmed from an affidavit of resignation he filed, effective retroactively to May 1, 2017. Represented by attorney John B. Harris, Moshan moved the court on June 17, 2024, requesting reinstatement as an attorney and counselor-at-law. The Attorney Grievance Committee, represented by Chief Attorney Jorge Dopico, indicated it did not oppose Moshan’s motion, nor did The Lawyers’ Fund for Client Protection, which submitted a supportive letter dated May 6, 2024.
In its ruling, the court granted Moshan’s motion in part by appointing Mark J. Fitzmaurice as Referee to conduct a hearing. During this hearing, Moshan will need to demonstrate, by clear and convincing evidence, that he has adhered to the terms of his disbarment, possesses the necessary character and fitness to practice law, and meets the reinstatement criteria outlined in the relevant New York regulations.
A copy of the original filing can be found here.
