A Long Island man convicted of defrauding homeowners through a loan modification scheme has a plausible legal ethics complaint claim against his trial attorney for failing to file a notice of appeal, a federal judge ruled Friday.

The refusal by Joseph Conway of Mineola-based firm LaRusso, Conway & Bartling to file an appeal for client David Gotterup, who was sentenced to more than 11 years in prison for conspiracy to commit mail, wire and bank fraud, was “inexcusable as a matter of ethics and professionalism,” said Eastern District Judge Nicholas Garaufis.