Matter of Hendrickson v Hendrickson
Motion No: 2006-03919
Slip Opinion No: 2006 NYSlipOp 75554(U)
Decided on September 13, 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

M44236

M/mv

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-03919

In the Matter of Kellie A. Hendrickson,

respondent, v Peter A. Hendrickson, appellant.

(Docket Nos. V-21577-04, V-21578-04,

V-21579-04)

DECISION & ORDER ON MOTION

Appeal by Peter A. Hendrickson from an order of the Family Court, Suffolk County, dated April 8, 2006. By order to show cause dated July 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 May 10, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Cross application to withdraw the appeal.

Now, on the court's own motion, and the papers filed in response to the order to show cause and on the cross application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court