Matter of Steckler-Roode v Roode
Motion No: 2009-05574
Slip Opinion No: 2009 NY Slip Op 91724(U)
Decided on December 17, 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

M96025

M/cb

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-05574

In the Matter of Lisa Steckler-Roode,

respondent, v Christopher Roode, appellant.

(Docket No. F-9122-05)

DECISION & ORDER ON MOTION

Appeal by Christopher Roode from an order of the Family Court, Suffolk County, dated May 6, 2009. By order to show cause dated November 10, 2009, the parties or their attorneys were directed to show cause 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 September 24, 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 opposition or relation thereto, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court