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MATTER of Barry L. Goldstein, a suspended attorney. (Attorney Registration No. 1404896) — Motion by Barry L. Goldstein to vacate an opinion and order of this Court dated December 30, 2008, and to dismiss the underlying petition against him. Mr. Goldstein was admitted to the Bar at a term of the Supreme Court in the First Judicial Department on April 5, 1978. By decision and of this Court dated January 24, 2007, the Grievance Committee for the Ninth Judicial District was authorized to institute and prosecute a disciplinary proceeding against Mr. Goldstein based upon a petition dated November 2, 2006. By decision and of this Court dated August 1, 2007, the Grievance Committee was authorized to amend and supplement the previously authorized petition. By opinion and order dated December 30, 2008, Mr. Goldstein was suspended from the practice of law for a period of five years, commencing January 30, 2009.

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

 
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