Appellate Division: Second Judicial Department

M148912

E/ct

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON

RUTH C. BALKIN, JJ.

2007-01881 In the Matter of Peter J. Schmerge, a suspended attorney. (Attorney Registration No. 1629799)

DECISION & ORDER ON MOTION

Motion by Tracie A. Sundack, as court-appointed inventory attorney for the files of suspended attorney, Peter J. Schmerge, to be discharged as court-ordered inventory attorney in the above-captioned matter, and to authorize the destruction, by shredding, of any remaining files contemplated by the court-ordered inventory attorney to remain unclaimed. By decision and order on application dated April 21, 2009, the Court appointed Tracie A. Sundack, as inventory attorney with respect to the files of Peter J. Schmerge, a suspended attorney.

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 granted to the extent that Tracie A. Sundack is relieved of the appointment as inventory attorney, and is authorized to destroy, by shredding, any remaining files contemplated by the court-ordered inventory attorney to remain unclaimed, excepting any and all files pertaining to Anthony Corrieri and Leslie Smouha, and the motion is otherwise denied; and it is further

ORDERED that Tracie A. Sundack is directed to turn over to the Grievance Committee for the Ninth Judicial District any and all files in her possession pertaining to Anthony Corrieri and Leslie Smouha; and it is further,

ORDERED that Tracie A. Sundack is directed to turn over to the Grievance Committee for the Ninth Judicial District bank and bookkeeping records for any and all estate account(s), as well as for any and all escrow, trust, special, and/or IOLA account(s), maintained by the respondent.

MASTRO, JP, RIVERA, SKELOS, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court