Matter of Reilly v Reilly
Motion No: 2007-00587
Slip Opinion No: 2007 NYSlipOp 81475(U)
Decided on October 19, 2007
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

M61280

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

RUTH C. BALKIN, JJ.

2007-00587 2007-02330

In the Matter of Brian G. Reilly, respondent,

v Carole Reilly, appellant.

(Docket No. V-01823-01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two orders of the Family Court, Dutchess County, entered November 27, 2006, and January 29, 2007, respectively, and to assign new counsel. Cross motion by the respondent, inter alia, to dismiss the appeals on the ground that they are without merit, or to enlarge the time to serve and file a brief in response to the brief filed by counsel assigned to the appellant.

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

ORDERED that the motion is denied without prejudice to the appellant serving and filing a supplemental pro se brief on or before November 26, 2007; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the time to serve and file a brief in response to the brief filed by counsel assigned to the appellant is granted, the respondent's time to serve and file a brief is enlarged until November 26, 2007, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the Law Guardian's time to serve and file a brief is enlarged until November 26, 2007, and the Law Guardian's brief must be served and filed on or before that date.

MILLER, J.P., RITTER, SANTUCCI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court