| Matter of Belsito v Delligatti |
| Motion No: 2006-10206 |
| Slip Opinion No: 2007 NYSlipOp 63834(U) |
| Decided on February 26, 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
M51021
M/mv
WILLIAM F. MASTRO, J.P.
GABRIEL M. KRAUSMAN
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2006-10206
In the Matter of John Belsito, et al., appellants, v John G. Delligatti, respondent. (Docket Nos. V-16366-04, V-16367-04)
| DECISION & ORDER ON MOTION |
Appeal by John Belsito and Rosemary Belsito from an order of the Family Court, Suffolk County, dated September 21, 2006. By order to show cause dated January 23, 2007, the parties or their attorneys were directed to show cause 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 December 6, 2006, issued pursuant to 22 NYCRR 670.4(a)(2). Application to withdraw the appeal.
Now on the court's own motion, and the papers filed in opposition or relation thereto, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
MASTRO, J.P., KRAUSMAN, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court