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In the Matter of Erwin Rosenberg, A Disbarred Attorney.

In the Matter of Erwin Rosenberg, A Disbarred Attorney.

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Monica A. Duffy, Attorney Grievance Committee for the Third Judicial Department, Albany (Michael K. Creaser of counsel), for Attorney Grievance Committee for the Third Judicial Department. Erwin Rosenberg, Aventura, Florida, respondent pro se. Motion for leave to file a motion to vacate this Court’s February 10, 2022 order of disbarment (202 AD3d 1271 [3d Dept 2022], appeal dismissed 39 NY3d 1177 [2023]) pursuant to this Court’s November 2, 2023 order enjoining respondent from certain motion practice without prior leave of this Court (221 AD3d 1131 [3d Dept 2023]). Upon the papers filed in support of the motion and the papers filed in opposition thereto, and having determined that respondent has failed to remit the required $45.00 motion fee applicable to all motions for relief from this Court (see Rules of App Div, All Depts [22 NYCRR] 1250.17 [a] [2]; see also Matter of Rosenberg, 221 AD3d 1131, 1132 n [3d Dept 2023]; CPLR 1101),[1] and having further determined that respondent has failed to submit his motion in admissible form (see CPLR 2101; 2106; 2214; Rules of App Div, All Depts [22 NYCRR] § 1250.4; see also Rules of App Div, 3d Dept [22 NYCRR] § 806.16 [c]) it is Garry, P.J., Egan Jr., Lynch, Aarons and Reynolds Fitzgerald, JJ., concur. ORDERED that the motion is denied.

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