| Matter of Borgio v Levine |
| Motion No: 2010-03058 |
| Slip Opinion No: 2010 NY Slip Op 77451(U) |
| Decided on July 21, 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
M105873
M/ct
FRED T. SANTUCCI, J.P.
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2010-03058 In the Matter of Richard Borgio, appellant, v Gayle Levine, respondent. (Docket No. F-10517-09)
| DECISION & ORDER ON MOTION |
Appeal by Richard Borgio from an order of the Family Court, Suffolk County, dated February 22, 2010. By order to show cause dated June 3, 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 April 16, 2010, issued pursuant to 22 NYCRR 670.4(a)(2).
Now, on the court's own motion, and the affidavit of the appellant's attorney to the effect that the appellant does not wish to pursue the appeal, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
SANTUCCI, J.P., LEVENTHAL, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court