Matter of S. (Anonymous), Lindsay D.
Motion No: 2004-11052
Slip Opinion No: 2006 NYSlipOp 67440(U)
Decided on April 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M38831

M/nal

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

GABRIEL M. KRAUSMAN

WILLIAM A. MASTRO, JJ.

2004-11052

In the Matter of Lindsay D. S. (Anonymous),

appellant.

(Docket No. D-15566/04)

DECISION & ORDER ON MOTION

Appeal by Lindsay D. S. from an order of the Family Court, Queens County, dated December 1, 2004. 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 December 28, 2004, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

PRUDENTI, P.J., FLORIO, KRAUSMAN and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court