Matter of Bernstein; Grievance Committee for the Second, El
Motion No: 2000-00003
Slip Opinion No: 2011 NY Slip Op 72179(U)
Decided on May 9, 2011
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M119759

E/ct

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

SANDRA L. SGROI, JJ.

2000-00003

In the Matter of Joshua Bernstein, a disbarred

attorney.

Grievance Committee for the Second, Eleventh,

and Thirteenth, Judicial Districts, petitioner;

Joshua Bernstein, respondent.

(Attorney Registration No. 2903961)

DECISION & ORDER ON MOTION

Motion by Joshua Bernstein for a "final order" addressing his contention that the order of disbarment did not "adjudicate [his] retaining lien defense." By opinion and order of this Court dated August 20, 2001, Mr. Bernstein was disbarred from the practice of law in New York based on one charge of professional misconduct. By decision and order on motion of this Court dated December 17, 2001, Mr. Bernstein's motion for reargument of the opinion and order August 20, 2001, or, in the alternative, for leave to appeal to the Court of Appeals was denied. By order dated February 13, 2002, the Court of Appeals dismissed Mr. Bernstein's appeal of the opinion and order dated August 20, 2001, on constitutional grounds. By decision and order on motion of this Court dated November 19, 2007, Mr. Bernstein 's first motion to vacate the opinion and order dated August 20, 2001, was denied. By decision and order on motion of the Court dated June 1, 2010, Mr. Bernstein's second motion to vacate the opinion and order dated August 20, 2001, disbarring him, was denied. Mr. Bernstein was admitted to the Bar at a term of the Appellate Division of the Supreme Court in the Second Judicial Department on November 4, 1998.

Upon the papers filed in support of the motion, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

This Court previously considered the respondent's retaining lien defense argument, as reflected in its opinion and order dated August 20, 2001, and found it to be without merit.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court