| Matter of Jacaruso v Hennessy |
| Motion No: 2006-01133 |
| Slip Opinion No: 2006 NYSlipOp 70738(U) |
| Decided on June 21, 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
M41125
M/mv
THOMAS A. ADAMS, J.P.
GABRIEL M. KRAUSMAN
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2006-01133
In the Matter of Joseph J. Jacaruso, appellant, v Carol M. Hennessy, respondent. (Docket Nos. V-07773-05, V-07774-05, V-07775-05)
| DECISION & ORDER ON MOTION |
Appeal by Joseph J. Jacaruso from an order of the Family Court, Nassau County, dated December 21, 2005. By order to show cause dated May 15, 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 February 9, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
ADAMS, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court