Appellate Division: Second Judicial Department

M69838

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-01875 Carl A. Scheuering, respondent, v Nancy Scheuering, appellant. (Index No. 03-4350)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Orange County, dated December 19, 2006, to strike the brief filed by assigned counsel, to relieve assigned counsel and assign new counsel, or, in the alternative, for leave to serve and file a supplemental pro se brief and to be provided with a copy of the court file.

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

ORDERED that the branches of the motion which are to strike the brief filed by assigned counsel, to relieve assigned counsel, and assign new counsel are denied; and it is further,

ORDERED that the branch of the motion which is to be provided with a copy of the court file is denied without prejudice to the appellant reviewing the court file in the office of the Clerk of the court, except for any portion thereof which has been sealed, or applying to have the unsealed portion of the court file copied at her own expense; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental pro se brief is granted, and on or before June 2, 2008, the appellant shall file nine copies of the supplemental brief and serve one copy on the respondent and one copy on the attorney for children.

RIVERA, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court