| Fucheck/Donnezella v Fucheck |
| Motion No: 2009-10999 |
| Slip Opinion No: 2010 NY Slip Op 63620(U) |
| Decided on February 19, 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
M98765
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-10999 Elizabeth Ann Fucheck/Donnezella, respondent, v Maximilan M. Fucheck, Jr., appellant. (Index No. 08-789)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, entered October 6, 2009, as untimely taken. Application by the appellant to withdraw the appeal.
Upon the papers filed in support of the motion and the papers filed in 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 is denied as academic.
SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court