Matter of Harris v Harris
Motion No: 2006-07673
Slip Opinion No: 2006 NYSlipOp 81761(U)
Decided on December 12, 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

M48126

M/mv

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-07673

In the Matter of Wendy Reilly Harris,

respondent, v Michael George Harris, appellant.

(Docket No. F-03712-05)

DECISION & ORDER ON MOTION

Appeal by Michael George Harris from an order of the Family Court, Westchester County, dated July 14, 2006. By order to show cause dated November 3, 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 September 19, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

CRANE, J.P., RIVERA, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court