Matter of LaDuca v LaDuca
Motion No: 2007-03223
Slip Opinion No: 2007 NYSlipOp 73130(U)
Decided on July 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M56813

M/cb

WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

ROBERT A. LIFSON, JJ.

2007-03223

In the Matter of James LaDuca, respondent,

v Diane LaDuca, appellant.

(Proceeding No. 1)

In the Matter of Diane LaDuca, appellant,

v James LaDuca, respondent.

(Proceeding No. 2)

(Docket Nos. V-1108-98, V-1109-98)

DECISION & ORDER ON MOTION

Appeal by Diane La Duca from an order of the Family Court, Rockland County, dated March 9, 2007. By order to show cause dated June 13, 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 April 24, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

MASTRO, J.P., SPOLZINO, KRAUSMAN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court