Matter of Warnecke v Warnecke
Motion No: 2007-03813
Slip Opinion No: 2007 NYSlipOp 70936(U)
Decided on June 5, 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

M55523

E/sl

ROBERT W. SCHMIDT, J.P.

GLORIA GOLDSTEIN

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2007-03813

In the Matter of Gary J. Warnecke, respondent,

v Ann Warnecke, appellant.

(Docket No. V-22079-06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated March 15, 2007, inter alia, on the ground that the appeal has been rendered academic. Application by the appellant for leave to withdraw the appeal.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or relation 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 is denied as academic.

SCHMIDT, J.P., GOLDSTEIN, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court