| Matter of Garcia v Briggs |
| Motion No: 2009-10723 |
| Slip Opinion No: 2010 NY Slip Op 66195(U) |
| Decided on March 22, 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
M99899
M/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2009-10723 In the Matter of Anderson Garcia, respondent, v Josanne Briggs, appellant. (Docket Nos. V-17896-09, V-23477-09)
| DECISION & ORDER ON MOTION |
Appeal by Josanne Briggs from an order of the Family Court, Queens County, dated October 29, 2009. By order to show cause dated January 22, 2010, 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 December 8, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.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., BALKIN, DICKERSON and LOTT, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court