Appellate Division: Second Judicial Department

M53781

K/nl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

ANITA R. FLORIO, JJ.

2006-10483 In the Matter of Warren R. Kraft, admitted as Warren Randolph Kraft, a suspended attorney. Grievance Committee for the Second and Eleventh Judicial Districts, petitioner; Warren R. Kraft, respondent. (Attorney Registration No. 2205706)

DECISION & ORDER ON MOTION

Motion by the respondent for an order vacating this court's opinion and order dated December 5, 2006, which disbarred him on the Grievance Committee's unopposed notice pursuant to 22 NYCRR 691.3 for the imposition of reciprocal discipline based upon his disbarment in New Jersey for knowing misappropriation of client trust funds, and directing a disciplinary hearing based on the respondent's newly asserted defenses to the imposition of reciprocal discipline. The respondent was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on July 27, 1988, under the name Warren Randolph Kraft.

Upon the papers submitted in support of the motion and the papers submitted in opposition thereto, it is

ORDERED that the motion is dismissed based upon the dishonorment of the respondent's check for the $45 motion fee as well as his failure to pay the $20 bank fee for processing the dishonored check.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and FLORIO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court