| Matter of Carroll v Carroll |
| Motion No: 2009-04075 |
| Slip Opinion No: 2009 NY Slip Op 77515(U) |
| Decided on July 9, 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
M89041
M/cb
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2009-04075 In the Matter of Leslie M. Carroll, appellant, v Daniel M. Carroll, respondent. (Docket No. V-035454-06)
| DECISION & ORDER ON MOTION |
Appeal by Leslie M. Carroll from an order of the Family Court, Dutchess County, dated January 27, 2009. By order to show cause dated June 16, 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 May 5, 2009, 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 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ORDERED that the application is granted, and the appeal is dismissed as withdrawn, without costs or disbursements.
MASTRO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court