| Matter of Morales v Costello |
| Motion No: 2010-09858 |
| Slip Opinion No: 2011 NY Slip Op 62875(U) |
| Decided on February 2, 2011 |
| 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
M114858
E/ct
MARK C. DILLON, J.P.
JOSEPH COVELLO
ANITA R. FLORIO
L. PRISCILLA HALL, JJ.
|
2010-09858 In the Matter of Alejandro M. Morales, Sr., respondent, v Dawn M. Costello, appellant. (Docket No. V-0539-10)
| DECISION & ORDER ON MOTION |
Appeal by Dawn M. Costello from an order of the Family Court, Orange County, dated June 28, 2010. By order to show cause dated December 21, 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 October 27, 2010, issued pursuant to § 670.4(a)(2) of the rules of this Court (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, and upon 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
DILLON, J.P., COVELLO, FLORIO and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court