Adams v Adams
Motion No: 2007-01946
Slip Opinion No: 2007 NYSlipOp 70354(U)
Decided on May 30, 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

M55256

M/mv

ANITA R. FLORIO, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-01946

Christopher Adams, respondent,

v Dawn Adams, appellant.

(Index No. 10385/04)

DECISION & ORDER ON MOTION

Appeal by Dawn Adams from an order of the Supreme Court, Kings County, dated January 29, 2007. By order to show cause dated April 30, 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 action for failure to comply with a scheduling order dated March 14, 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ORDERED that application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

FLORIO, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court