| Matter of Fischer v Clark |
| Motion No: 2008-07649 |
| Slip Opinion No: 2008 NYSlipOp 91407(U) |
| Decided on December 9, 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
M79232
E/sl
WILLIAM F. MASTRO, J.P.
HOWARD MILLER
RUTH C. BALKIN
WILLIAM E. McCARTHY, JJ.
|
2008-07649 In the Matter of Gregory Fischer, appellant, v Ashley Anne Clark, respondent. (Docket Nos. V-16579-07, V-16580-07)
| DECISION & ORDER ON MOTION |
Appeal by Gregory Fischer from an order of the Family Court, Suffolk County, dated July 18, 2008. By order to show cause dated October 30, 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 the scheduling order dated September 15, 2008, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]). By order on application dated November 19, 2008, the appeal was marked withdrawn.
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 as academic in light of the order on application dated November 19, 2008.
MASTRO, J.P., MILLER, BALKIN and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court