Matter of Sawyer v Hampton
Motion No: 2007-01024
Slip Opinion No: 2007 NYSlipOp 69867(U)
Decided on May 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M54835

M/cb

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-01024

In the Matter of Shakiya Sawyer, respondent,

v Toney Hampton, Jr., appellant.

(Docket No. F-17558-03)

DECISION & ORDER ON MOTION

Appeal by Toney Hampton, Jr. from an order of the Family Court, Queens County, dated January 26, 2007. By order to show cause dated April 18, 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 February 27, 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, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.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., MASTRO, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court