| Matter of Baratta v Mercado |
| Motion No: 2006-02969 |
| Slip Opinion No: 2006 NYSlipOp 71412(U) |
| Decided on July 3, 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
M41540
M/mv
ROBERT W. SCHMIDT, J.P.
GLORIA GOLDSTEIN
REINALDO E. RIVERA
ROBERT A. LIFSON, JJ.
|
2006-02969
In the Matter of Richard Baratta III, respondent, v Joanna Mercado, appellant. (Docket No. O-05031-05)
| DECISION & ORDER ON MOTION |
Appeal by Joanna Mercado from an order of the Family Court, Richmond County, dated February 23, 2006. By order to show cause dated May 25, 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 April 19, 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ORDERED that the application is granted, and the appeal is dismissed as withdrawn, without costs or disbursements.
SCHMIDT, J.P., GOLDSTEIN, RIVERA and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court