IN RE: Erwin ROSENBERG (2024)

DECISION AND ORDER ON MOTION

Motion for leave to file a motion to vacate this Court's February 10, 2022 order of disbarment (202 A.D.3d 1271, 161 N.Y.S.3d 520 [3d Dept. 2022], appeal dismissed 39 N.Y.3d 1177, 191 N.Y.S.3d 621, 212 N.E.3d 852 [2023]) pursuant to this Court's November 2, 2023 order enjoining respondent from certain motion practice without prior leave of this Court (221 A.D.3d 1131, 199 N.Y.S.3d 750 [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 A.D.3d 1131, 1132 n., 199 N.Y.S.3d 750 [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

ORDERED that the motion is denied.

FOOTNOTES

1.   Respondent is herein noticed that the Clerk of this Court is authorized to summarily reject any future motion for filing which is not in full compliance with this Court's rules.  In particular, respondent is advised that no future motions will be accepted for filing in the absence of the requisite motion fee or a meritorious motion seeking indigent status pursuant to CPLR 1101.

Garry, P.J., Egan Jr., Lynch, Aarons and Reynolds Fitzgerald, JJ., concur.