| Matter of Piernick v Nazinitsky |
| Motion No: 2006-10626 |
| Slip Opinion No: 2007 NYSlipOp 64029(U) |
| Decided on February 28, 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
M51225
M/mv
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2006-10626
In the Matter of Ellen M. Piernick, appellant, v Roy D. Nazinitsky, respondent. (Docket Nos. V-04758-02, V-04759-02)
| DECISION & ORDER ON MOTION |
Appeal by Ellen M. Piernick from an order of the Family Court, Nassau County, dated November 14, 2006. By order to show cause dated January 23, 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 for failure to comply with a scheduling order dated December 8, 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 and on the application, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.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., FLORIO, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court