| Ferri v Ferri |
| Motion No: 2006-08646 |
| Slip Opinion No: 2006 NYSlipOp 82206(U) |
| Decided on December 19, 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. |
Appellate Division: Second Judicial Department
M48346
M/mv
A. GAIL PRUDENTI, P.J.
FRED T. SANTUCCI
WILLIAM F. MASTRO
MARK C. DILLON, JJ.
|
2006-08646
Donna Elliot Ferri, appellant, v Anthony A. Ferri, respondent. (Index No. 15379/04)
| DECISION & ORDER ON MOTION |
Appeal by Donna Elliot Ferri from an order of the Supreme Court, Westchester County, dated July 27, 2006. By order to show cause dated November 14, 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 26, 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ORDERED that the application is granted, and the above-entitled appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., SANTUCCI, MASTRO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court