Stawski v Stawski
Motion No: 2007-07076
Slip Opinion No: 2007 NYSlipOp 87402(U)
Decided on December 26, 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

M64199

E/sl

STEVEN P. FISHER, J.P.

ROBERT A. LIFSON

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2007-07076

Tia Chiffon Stawski, appellant,

v David Stawski, respondent.

(Index No. 5871/01)

DECISION & ORDER ON MOTION

Appeal by Tia Chiffon Stawski from an order of the Supreme Court, Richmond County, dated July 26, 2007. By order to show cause dated November 28, 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 October 15, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

FISHER, J.P., LIFSON, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court