H. (Anonymous) v H. (Anonymous)
Motion No: 2005-10264
Slip Opinion No: 2006 NYSlipOp 80386(U)
Decided on November 21, 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

M46925

Y/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2005-10264

P. H. (Anonymous), respondent,

v B. H. (Anonymous), appellant.

(Index No. 02-15878)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered September 15, 2005, for failure to timely perfect the same. Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the motion and application and the papers filed in relation thereto, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court