Matter of Dayan v Dayan
Motion No: 2009-08399
Slip Opinion No: 2010 NY Slip Op 84174(U)
Decided on October 5, 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

M109011

E/ct

FRED T. SANTUCCI, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2009-08399

In the Matter of Richard Dayan, respondent,

v Esther Deborah Dayan, appellant.

(Docket No. V-03099-08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Kings County, dated August 5, 2009, on the ground that the appellant is not aggrieved by the order. Application by the appellant to withdraw the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,

ORDERED that the motion is denied as academic.

SANTUCCI, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court