In a recent ruling, the Appellate Division of the Supreme Court of the State of New York suspended attorney David L. Moss from practicing law. This decision comes after Moss failed to comply with multiple investigative demands from the Attorney Grievance Committee (AGC). The ruling, issued on May 28, 2026, highlights the importance of attorney accountability and the potential consequences of non-compliance in legal investigations.
The court's decision affects Moss directly, as he is now barred from practicing law until further notice. This suspension serves as a reminder to other attorneys about the necessity of cooperating with legal inquiries and the serious implications of failing to do so.
Background
David L. Moss has been a licensed attorney in New York since January 22, 1996. He operates from a registered address in the First Judicial Department. The AGC initiated disciplinary proceedings against him after receiving a complaint on June 3, 2025. The complaint was formally communicated to Moss on July 1, 2025, via his registered email address.
The AGC required Moss to provide a written response to the complaint within 20 days. However, he did not meet this deadline. Over the following months, the AGC extended the deadlines for Moss to respond multiple times. Despite these extensions, Moss submitted a late answer and failed to provide the necessary documentation as requested.
The Ruling
The court ruled that Moss's continued non-compliance with the AGC's investigation posed an immediate threat to the public interest. The AGC argued that Moss had disregarded lawful demands and defaulted on a judicial subpoena that required him to appear for an Examination Under Oath (EUO). The court noted, "respondent has disregarded the Committee's lawful investigative demands and defaulted on a judicial subpoena ordering him to appear at an Examination Under Oath and produce records."
Judge Saliann Scarpulla, along with other judges, emphasized that Moss's repeated failures to comply with the AGC's requests warranted immediate suspension. The ruling stated, "The AGC has met its burden, and respondent should be immediately suspended pursuant to 1240.9(a)(1) and (3)." This decision reflects the court's commitment to maintaining the integrity of the legal profession.
Impact
The suspension of David L. Moss has significant implications for both him and the legal community. For Moss, this ruling means he cannot practice law or provide legal advice until the court lifts the suspension. This situation may also affect his clients, who will need to seek alternative legal representation during this period.
Moreover, this case serves as a precedent for the AGC and other legal authorities. It reinforces the notion that attorneys must cooperate with investigations and comply with subpoenas. The ruling underscores the seriousness with which the court views non-compliance, potentially deterring other attorneys from similar conduct.
What's Next
Moss has the option to appeal the court's decision. He may also request a post-suspension hearing within 20 days of receiving the order. This hearing could provide him an opportunity to present his case and possibly challenge the suspension.