| Matter of Iovino-Coli v Iovino |
| Motion No: 2010-11670 |
| Slip Opinion No: 2011 NY Slip Op 67423(U) |
| Decided on March 18, 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
M117168
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-11670 In the Matter of Camille I. Iovino-Coli, respondent, v Thomas J. Iovino, appellant. (Docket No. O-2935/10)
| DECISION & ORDER ON MOTION |
Appeal by Thomas J. Iovino from an order of the Family Court, Nassau County, dated November 8, 2010. By order to show cause dated February 8, 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.
Upon the order to show cause and no papers having been filed in response 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
RIVERA, J.P., CHAMBERS, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court