| Matter of De Leon v Peiro |
| Motion No: 2009-09505 |
| Slip Opinion No: 2010 NY Slip Op 61854(U) |
| Decided on January 26, 2010 |
| 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
M97653
M/ct
MARK C. DILLON, J.P.
JOSEPH COVELLO
HOWARD MILLER
CHERYL E. CHAMBERS, JJ.
|
2009-09505 In the Matter of Jonas De Leon, appellant, v Eva Woods Peiro, respondent. (Docket No. V-01814-09)
| DECISION & ORDER ON MOTION |
Appeal by Jonas De Leon from an order of the Family Court, Dutchess County, August 3, 2009. By order to show cause dated December 7, 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 October 22, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court