| Matter of Frederic v Frederic |
| Motion No: 2007-00570 |
| Slip Opinion No: 2007 NYSlipOp 67024(U) |
| Decided on April 6, 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
M52840
L/
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
EDWARD D. CARNI
THOMAS A. DICKERSON, JJ.
|
2007-00570 In the Matter of Yanick Frederic, respondent, v Max Frederic, appellant. (Docket No. F-01028-96)
| DECISION & ORDER ON MOTION |
Appeal by Max Frederic from an order of the Family Court, Suffolk County, dated December 5, 2006. By order to show cause dated March 14, 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 January 23, 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 to the order to show cause and upon the application of the appellant, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.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., ANGIOLILLO, CARNI and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court