Matter of Ajayi v Ajayi
Motion No: 2006-01513
Slip Opinion No: 2006 NYSlipOp 69598(U)
Decided on May 31, 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

M40236

M/nal

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

2006-01513

In the Matter of Titilayo Ajayi, respondent,

v Olawole Ajayi, appellant.

(Docket No. O-4661-05)

DECISION & ORDER ON MOTION

Appeal by Olawole Ajayi from an order of the Family Court, Richmond County, dated January 19, 2006. By order to show cause dated April 28, 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 March 15, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court