Matter of Lewis v Schneider
Motion No: 2008-04239
Slip Opinion No: 2008 NYSlipOp 77861(U)
Decided on July 16, 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

M73167

B/sl

ANITA R. FLORIO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2008-04239

In the Matter of Robin Lewis, respondent,

v Martin Schneider, appellant.

(Docket No. V-9568-05)

DECISION & ORDER ON MOTION

Appeal by Martin Schneider from an order of the Family Court, Nassau County, dated March 28, 2008. By order to show cause dated June 23, 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 May 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 no papers having been filed in opposition or relation thereto, and upon the application, it is

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

FLORIO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court