| Matter of Pascall v Paul |
| Motion No: 2007-07665 |
| Slip Opinion No: 2007 NYSlipOp 85621(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M63190
E/sl
HOWARD MILLER, J.P.
STEPHEN G. CRANE
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2007-07665 In the Matter of Helen Pascall, respondent, v Wayne Paul, appellant. (Docket No. F-18710-06)
| DECISION & ORDER ON MOTION |
Appeal by Wayne Paul from an order of the Family Court, Kings County, dated July 17, 2007. By order to show cause dated November 5, 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 September 11, 2007. Application by the appellant to withdraw the appeal.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal for failure to comply with the scheduling order is denied as academic.
MILLER, J.P., CRANE, DILLON and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court