Matter of Gisonni v Mancini
Motion No: 2009-11661
Slip Opinion No: 2010 NY Slip Op 66576(U)
Decided on March 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100365

E/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2009-11661

In the Matter of Eve-Lynn Gisonni,

respondent, v Richard Mancini, appellant.

(Docket No. F-07951-09)

DECISION & ORDER ON MOTION

Appeal by Richard Mancini from an order of the Family Court, Suffolk County, dated November 9, 2009. By order to show cause dated February 24, 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 the scheduling order dated January 5, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]).

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 as academic in light of the withdrawal of the appeal by order on application dated March 19, 2010.

SANTUCCI, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court