Matter of Young v Vega
Motion No: 2010-02558
Slip Opinion No: 2010 NY Slip Op 75321(U)
Decided on June 24, 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

M104746

M/ct

WILLIAM F. MASTRO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2010-02558

In the Matter of Walter Young, appellant,

v Ivonne Vega, respondent.

(Docket No. V-1538-06, V-1539-06)

DECISION & ORDER ON MOTION

Appeal by Walter Young from an order of the Family Court, Richmond County, dated February 24, 2010. By order to show cause dated May 4, 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 March 26, 2010, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.

MASTRO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court