Matter of Toro v Villada
Motion No: 2010-06996
Slip Opinion No: 2010 NY Slip Op 90539(U)
Decided on December 13, 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

M112486

J/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2010-06996, 2010-06998

In the Matter of Alexander Toro, appellant,

v Luz Adriana Villada, respondent.

(Docket No. F-04713-07)

DECISION & ORDER ON MOTION

Appeals by Alexander Toro from two orders of the Family Court, Westchester County, dated January 1, 2010, and June 22, 2010, respectively. By order to show cause dated November 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 appeals in the above-entitled proceeding for failure to comply with a scheduling order dated September 23, 2010, issued pursuant to 22 NYCRR 670.4(a)(2). Application by the appellant to withdraw the appeals.

Now, on the Court's own motion, and the papers filed in response to the order to show cause, 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 motion is denied; and it is further,

ORDERED that the application is granted, and the appeals are deemed withdrawn, without costs or disbursements.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court