| Young v Young |
| Motion No: 2008-00701 |
| Slip Opinion No: 2008 NYSlipOp 70536(U) |
| Decided on April 30, 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. |
Appellate Division: Second Judicial Department
M69695
M/sl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
EDWARD D. CARNI
CHERYL E. CHAMBERS, JJ.
|
2008-00701 Francis Young, appellant, v Leigh Young, respondent. (Index No. 19583/02)
| DECISION & ORDER ON MOTION |
Appeal by Francis Young from an order of the Supreme Court, Westchester County, dated December 13, 2007. By order to show cause dated April 3, 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 February 25, 2008, issued pursuant to 22 NYCRR 670.4(a)(2). Cross 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
PRUDENTI, P.J., MILLER, CARNI and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court