| Matter of Viloria v Schnabel |
| Motion No: 2006-11655 |
| Slip Opinion No: 2007 NYSlipOp 63304(U) |
| Decided on February 15, 2007 |
| 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
M50658
M/mv
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
DAVID S. RITTER
DANIEL D. ANGIOLILLO, JJ.
|
2006-11655
In the Matter of Maria Viloria, appellant, v Oliver Schnabel, respondent. (Docket No. V-19921-06)
| DECISION & ORDER ON MOTION |
Appeal by Maria Viloria from an order of the Family Court, Queens County, dated November 15, 2006. By order to show cause dated January 17, 2007, 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 on the ground that no appeal lies from an order entered on the consent of the appealing party. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
MILLER, J.P., SCHMIDT, RITTER and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court