| Matter of Callabrass v Chess |
| Motion No: 2009-10730 |
| Slip Opinion No: 2010 NY Slip Op 82936(U) |
| Decided on September 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
M108563
M/nl
PETER B. SKELOS, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2009-10730 In the Matter of Regina Callabrass, respondent, v Alexander Chess, appellant. (Docket No. F-4916-97)
| DECISION & ORDER ON MOTION |
Appeal by Alexander Chess from an order of the Family Court, Queens County, dated October 7, 2009. By order to show cause dated July 20, 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 December 9, 2009, 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ORDERED that the application is granted, and the appeal is dismissed as withdrawn, without costs or disbursements.
SKELOS, J.P., COVELLO, BALKIN, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court