| Matter of Herbst v Herbst |
| Motion No: 2007-07282 |
| Slip Opinion No: 2007 NYSlipOp 81580(U) |
| Decided on October 22, 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
M61218
M/cb
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
|
2007-07282
In the Matter of Dawn Marie Herbst, respondent, v Kenneth Herbst, appellant. (Docket Nos. V-3525-07, V-3526-07)
| DECISION & ORDER ON MOTION |
Appeal by Kenneth Herbst from an order of the Family Court, Suffolk County, dated June 20, 2007. By order to show cause dated September 21, 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 August 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
SPOLZINO, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court