| Matter of Schinella v Prusakowski |
| Motion No: 2005-12001 |
| Slip Opinion No: 2006 NYSlipOp 66679(U) |
| Decided on April 6, 2006 |
| 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. |
Appellate Division: Second Judicial Department
M38069
M/nal
STEPHEN G. CRANE, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
MARK C. DILLON, JJ.
|
2005-12001
In the Matter of Beth Schinella, respondent, v Donald Prusakowski, appellant. (Docket No. F-02423-00)
| DECISION & ORDER ON MOTION |
Appeal by Donald Prusakowski from an order of the Family Court, Dutchess County, dated November 22, 2005. By order to show cause dated March 2, 2006, the parties or their attorneys were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled proceeding for failure to comply with a scheduling order dated January 13, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
CRANE, J.P., GOLDSTEIN, RIVERA and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court