Lawyer Resigns After Misappropriating Funds

, New York Law Journal


The Appellate Division, Second Department has accepted the resignation of Nassau attorney James Gordan, who admitted to misappropriating client funds.

The Grievance Committee for the Tenth Judicial District filed a petition to begin investigating Gordan in April 2012. The Second Department granted that petition in December 2012, though it declined to suspend Gordan pending the investigation.

While under investigation, Gordan, who was admitted to the bar in 1995, submitted an affidavit of resignation acknowledging that he could not defend himself against the charges he faced on the merits. Those charges include, among others, misappropriating funds and failing to tell a client that he received funds belonging to that client.

Gordan may still be ordered to pay civil restitution to the Lawyer's Fund for Client Protection, which reimburses clients victimized by attorney misconduct. In submitting his resignation, Gordan waived his right to be heard in opposition to any such restitution order, pursuant to Judiciary Law §90(6-a)(f).

Justices Randall Eng, William Mastro, Reinaldo Rivera, Peter Skelos and Robert Miller sat on the panel, which accepted the resignation last week. Gordan was represented by Joseph DiBlasi. Michael J. Kearse represented the grievance committee.

Matter of Gordan, 2012-03854 appears on page 6 of the print edition.

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