Appellate Division: Second Judicial Department

M84490

E/nl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

ANITA R. FLORIO

ARIEL E. BELEN, JJ.

2008-05556 In the Matter of Devon C. (Anonymous), appellant. (Docket No. D-27339-07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Kings County, dated May 14, 2008. By order to show cause dated February 26, 2009, Devon C., his attorney, and the presentment agency were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal of Devon C. in the above-entitled proceeding as abandoned, and the motion to enlarge the time to perfect the appeal was held in abeyance in the interim. Application by the appellant to withdraw the appeal.

Upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the motion to enlarge the time to perfect the appeal and no papers having been filed in opposition or in relation thereto, and upon the application, it is

ORDERED that the application to withdraw the appeal is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal and the motion to enlarge the time to perfect the appeal are denied as academic.

SPOLZINO, J.P., DILLON, FLORIO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court