| Matter of Laroche v Ellis |
| Motion No: 2009-03088 |
| Slip Opinion No: 2009 NY Slip Op 76316(U) |
| Decided on June 25, 2009 |
| 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
M88482
E/sl
MARK C. DILLON, J.P.
HOWARD MILLER
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2009-03088 In the Matter of Daniel Laroche, respondent, v Rasheida Maharaj Ellis, appellant. (Docket No. V-15268-96)
| DECISION & ORDER ON MOTION |
Appeal by Rasheida Maharaj Ellis from an order of the Family Court, Kings County, dated February 23, 2009. By order to show cause dated May 19, 2009, 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 April 9, 2009, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]). 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, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
DILLON, J.P., MILLER, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court