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Motion List released on: Ju;y 12, 2018By Scheinkman, P.J.; Mastro, Rivera, Dillon and Balkin, JJ.MATTER of Michael E. Herskowitz, admitted as Michael Elliot Herskowitz, an attorney and counselor-at-law. Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts, petitioner; Michael E. Herskowitz, res — (Attorney Registration No. 4276903) — The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on January 12, 2005, under the name Michael Elliot Herskowitz. By decision and order on motion of this Court dated May 14, 2018, as amended May 16, 2018, the respondent was suspended from the practice of law based on his conviction of a serious crime as defined in Judiciary Law §90(4)(d). The respondent has moved, inter alia, to vacate his suspension on the ground that his conviction was vacated.On the Court’s own motion, it isORDERED that the suspension imposed by the decision and order on motion of this Court dated May 14, 2018, is stayed pending hearing and determination of the respondent’s motion, inter alia, to vacate the suspension.SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

By Balkin, J.P.; Roman, Sgroi and Maltese, JJ.Muhammad Najieb plaintiffs-respondents , v. 485 McDermott Group Corp. ap, Rahki M. Singh, def-res — Motion by 485 McDermott Group Corp. and Mizrahi Law Offices, LLC, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated May 2, 2018, and, inter alia, to vacate the order. Separate motion by the plaintiffs-respondents to strike the motion by 485 McDermott Group Corp. and Mizrahi Law Offices, LLC, on the ground that it contains defective papers and unsworn testimony.Upon the papers filed in support of the motions and the papers filed in opposition thereto, it isORDERED that the plaintiffs-respondents’ motion is denied; and it is further,ORDERED that the branch of the motion by 485 McDermott Group Corp. and Mizrahi Law Offices, LLC, which is for leave to appeal is denied; and it is further,ORDERED that on the Court’s own motion, the appeal purportedly taken as of right is dismissed, without costs or disbursements; and it is further,ORDERED that the motion is otherwise denied as academic.BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.

 
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