| Matter of Cohan v Scala |
| Motion No: 2010-11234 |
| Slip Opinion No: 2011 NY Slip Op 67000(U) |
| Decided on March 16, 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
M117069
E/ct
JOSEPH COVELLO, J.P.
RANDALL T. ENG
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-11234 In the Matter of Bradley Alan Cohan, respondent, v Debra Scala, appellant. (Docket No. V-32940/10)
| DECISION & ORDER ON MOTION |
Appeal by Debra Scala from an order of the Family Court, Kings County, dated November 12, 2010. By order to show cause dated February 7, 2011, 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 22, 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, upon the order to show cause, and the papers filed in response thereto, 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ORDERED that the application is granted and the appeal is deemed withdrawn without costs or disbursements; and it is further,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 is denied as academic.
COVELLO, J.P., ENG, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court