| Schaller v Schaller |
| Motion No: 2006-11673 |
| Slip Opinion No: 2007 NYSlipOp 65405(U) |
| Decided on March 19, 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
M52243
M/mv
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
DANIEL D. ANGIOLILLO
RUTH C. BALKIN, JJ.
|
2006-11673
Jay Evan Schaller, respondent, v Eileen Schaller, appellant. (Index No. 200671/02)
| DECISION & ORDER ON MOTION |
Appeal by Eileen Schaller from a judgment of the Supreme Court, Nassau County, dated October 16, 2006. By order to show cause dated February 26, 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 January 3, 2007, 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 thereto, it is
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
RIVERA, J.P., SKELOS, ANGIOLILLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court