Matter of Vigliatore v Vigliatore
Motion No: 2007-10956
Slip Opinion No: 2008 NYSlipOp 65041(U)
Decided on February 28, 2008
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

M66960

M/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

EDWARD D. CARNI, JJ.

2007-10956

In the Matter of Leonard J. Vigliatore, appellant,

v Kathleen Vigliatore, respondent.

(Docket No. V-11777-03)

DECISION & ORDER ON MOTION

Appeal by Leonard J. Vigliatore from an order of the Family Court, Suffolk County, dated November 2, 2007. By order to show cause dated January 29, 2008, 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 December 13, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.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., RITTER, SANTUCCI and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court