Appellate Division: Second Judicial Department

M92421

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2008-10226 Carl A. Scheuering, respondent, v Nancy Scheuering, appellant. (Index No. 03-4350)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated August 20, 2008, as a poor person, and, in effect, to enlarge her time to perfect the appeal. Cross motion by the respondent to dismiss the appeal for failure to timely perfect, to preclude the appellant from making further motions in connection with this appeal, and for an attorney's fee.

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 branch of the motion which is, in effect, to enlarge the time to perfect the appeal is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal for failure to timely perfect is granted and the appeal is dismissed, without costs or disbursements, for failure to timely perfect the same in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this court; and it is further,

ORDERED that the branches of the cross motion which are to preclude the appellant from making further motions in connection with this appeal and for an attorney's fee are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., FLORIO, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court