| Matter of Dominguez v Cevallos |
| Motion No: 2010-00161 |
| Slip Opinion No: 2010 NY Slip Op 67640(U) |
| Decided on April 6, 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
M100707
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2010-00161 In the Matter of Emperatriz Dominguez, appellant, v Jhonny R. Briones Cevallos, respondent. (Docket No. V-15751-09)
| DECISION & ORDER ON MOTION |
Appeal by Emperatriz Dominguez from an order of the Family Court, Queens County, dated November 24, 2009. By order to show cause dated February 25, 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 January 11, 2010, issued pursuant to § 670.4(a)(2) of the rules of this court (22 NYCRR 670.4[a][2]). Application by Emperatriz Dominguez to withdraw her appeal.
Now, on the court's own motion, and the papers filed in response to the order to show cause, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court