Gelfand v Gelfand
Motion No: 2006-02175
Slip Opinion No: 2006 NYSlipOp 70579(U)
Decided on June 20, 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

M40989

S/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2006-02175

Marina Gelfand, respondent,

v Boris Gelfand, appellant.

(Index No. 13474/04)

DECISION & ORDER ON MOTION

Appeal by Boris Gelfand from a judgment of the Supreme Court, Queens County, dated January 4, 2006. By order to show cause dated May 5, 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 23, 2006, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, it is

ORDERED that the motion is denied as academic in light of the order on application dated June 8, 2006, withdrawing the above-entitled appeal.

MILLER, J.P., RITTER, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court