Matter of Begin v Itkin
Motion No: 2006-05813
Slip Opinion No: 2006 NYSlipOp 78617(U)
Decided on October 26, 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

M46053

M/mv

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2006-05813

In the Matter of Jeanette M. Begin, appellant,

v Steven Itkin, respondent.

(Docket No. V-4760/05)

DECISION & ORDER ON MOTION

Appeal by Jeanette M. Begin from an order of the Family Court, Richmond County, dated June 6, 2006. By order to show cause dated September 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 July 21, 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ORDERED that the application is granted, and the appeal is dismissed as withdrawn, without costs or disbursements.

MILLER, J.P., GOLDSTEIN, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court