A Cornwall lawyer has been disbarred for ignoring subpoenas and failing to cooperate with investigators.
A panel of five justices of the Second Appellate Division ruled on Sept. 24 that Elizabeth Diane Brody, “based on uncontroverted evidence,” must be expelled from the legal profession.
Brody was licensed in 2002 to practice law in New York. She maintained a general practice in Cornwall, Orange County, handling landlord – tenant disputes, divorces, personal injury cases and more.
The disbarment stems from a previous disciplinary action.
In 2023, the district lawyers’ grievance committee was investigating Brody for alleged professional misconduct. The appellate court issued subpoenas to produce financial records and to testify under oath. Brody failed to comply with both subpoenas.
The grievance committee obtained bank records that revealed that Brody had issued three checks from her client escrow account totaling $159,600 when the account held only $131,018.
The appellate court suspended Brody from the practice of law in August 2024, as an “immediate threat to the public interest.”
The new disciplinary action is based on an application by Brody to resign as an attorney.
She acknowledged that the grievance committee was still investigating her for allegedly misappropriating $300,000 of client funds, misrepresenting facts to a court, failing to comply with a court order, filing a frivolous motion in court, and failing to cooperate with the investigation.
Based on the facts and circumstances of her conduct, Brody attested, she cannot successfully defend herself against the charges.
The appellate justices approved Brody’s application to resign, disbarred her, and ordered her to pay $300,000 in restitution to the client.
