| Hayes v Hayes |
| Motion No: 2007-08507 |
| Slip Opinion No: 2008 NYSlipOp 74328(U) |
| Decided on June 11, 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
M71708
M/cb
PETER B. SKELOS, J.P.
HOWARD MILLER
EDWARD D. CARNI
CHERYL E. CHAMBERS, JJ.
|
2007-08507
Michael Hayes, respondent, v Florentina Hayes, appellant. (Index No. 5539/97)
| DECISION & ORDER ON MOTION |
Appeal by Florentina Hayes from an order of the Supreme Court, Richmond County, dated August 15, 2007. By order to show cause dated May 12, 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 perfect upon the receipt of the transcripts. 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 appellant's application to withdraw the appeal is granted; and it is further,
ORDERED that the appeal is deemed withdrawn, without costs or disbursements.
SKELOS, J.P., MILLER, CARNI and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court