Matter of F.-H. (Anonymous), Kyle; H. (Anonymous), Colton
Motion No: 2006-03964
Slip Opinion No: 2006 NYSlipOp 72065(U)
Decided on July 14, 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

M42052

M/mv

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2006-03964

In the Matter of Kyle F.-H. (Anonymous).

Nassau County Department of Social Services,

appellant; Sherin F. (Anonymous), respondent.

(Proceeding No. 1)

In the Matter of Colton F.-H. (Anonymous).

Nassau County Department of Social Services,

appellant; Sherin F. (Anonymous), respondent.

(Proceeding No. 2)

(Docket Nos. N-06036-05, N-06037-05)

DECISION & ORDER ON MOTION

Appeal by Nassau County Department of Social Services from an order of the Family Court, Nassau County, dated April 5, 2006. By order to show cause dated June 22, 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 May 10, 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ORDERED that the application is granted, and appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court