Matter of Bennett-McGuire v McGuire
Motion No: 2007-11245
Slip Opinion No: 2008 NYSlipOp 67293(U)
Decided on March 21, 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

M67982

M/

STEVEN W. FISHER, J.P.

HOWARD MILLER

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-11245

In the Matter of Jennie Bennett-McGuire,

respondent, v Vincent Thomas McGuire,

appellant.

(Docket No. V-22387-07)

DECISION & ORDER ON MOTION

Appeal by Vincent Thomas McGuire from an order of the Family Court, Queens County, dated November 5, 2007. By order to show cause dated February 25, 2008, the parties or their attorneys were directed to show cause 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 January 14, 2008, 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 opposition or relation thereto, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.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., MILLER, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court