Matter of Rivera v Echavarria
Motion No: 2010-04364
Slip Opinion No: 2010 NY Slip Op 80528(U)
Decided on August 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

M107415

M/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2010-04364

In the Matter of Jose L. Rivera, appellant,

v Dagnes Echavarria, respondent.

(Docket No. V-13848-01)

DECISION & ORDER ON MOTION

Appeal by Jose L. Rivera from an order of the Family Court, Kings County, dated April 5, 2010. By order to show cause dated July 2, 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 May 19, 2010, issued pursuant to 22 NYCRR 670.4(a)(2).

Now, on the court's own motion, and no papers having been filed in response thereto, it is

ORDERED that the motion is denied, as the appeal was withdrawn by order on application dated August 3, 2010.

COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court