Appellate Division: Second Judicial Department

M38889

C/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2004-09831 Nancy Arrigo, respondent, v Christopher Arrigo, appellant. (Index No. 3070/01)

DECISION & ORDER ON MOTION

Motion by Harold, Salant, Strassfield & Spielberg, the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Westchester County, dated September 27, 2004. By order to show cause dated February 10, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has abandoned the appeal, and the motion was held in abeyance in the interim. Separate motion by Harold, Salant, Strassfield & Spielberg, the attorney for the appellant, for this court to recall and vacate the order to show cause, and for leave to withdraw its prior motion for leave to withdraw as counsel for the appellant.

Now, on the court's own motion, and upon the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the motion by Harold, Salant, Strassfield & Spielberg to recall and vacate the order to show cause and withdraw its prior motion to withdraw as counsel is granted; and it is further,

ORDERED that the order to show cause of this court dated February 10, 2006, is recalled and vacated; and it is further,

ORDERED that the motion for leave to withdraw as counsel for the appellant is deemed withdrawn.

ADAMS, J.P., RITTER, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court