Matter of Penta v Penta
Motion No: 2006-06744
Slip Opinion No: 2006 NYSlipOp 77481(U)
Decided on October 11, 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

M45540

M/mv

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GLORIA GOLDSTEIN

REINALDO E. RIVERA, JJ.

2006-06744

In the Matter of Robert F. Penta, respondent,

v Anne Marie Penta, appellant.

(Docket No. F-06579-05)

DECISION & ORDER ON MOTION

Appeal by Anne Marie Penta from an order of the Family Court, Nassau County, dated June 8, 2006. By order to show cause dated September 20, 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 July 24, 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ORDERED that the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., ADAMS, GOLDSTEIN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court