Matter of G. (Anonymous), Milasha Jasmine; Administration
Motion No: 2009-05773
Slip Opinion No: 2009 NY Slip Op 82865(U)
Decided on September 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M91870

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

SHERI S. ROMAN, JJ.

2009-05773

In the Matter of Milasha Jasmine G. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Floyd G. (Anonymous),

respondent-respondent, et al., respondent;

Steven Banks, etc., nonparty-appellant.

(Docket No. N-7149-08)

DECISION & ORDER ON MOTION

Appeal by Steven Banks from an order of the Family Court, Queens County, dated May 29, 2009. By order to show cause dated August 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 action for failure to comply with a scheduling order dated June 26, 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ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

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

SKELOS, J.P., COVELLO, ANGIOLILLO and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court