| Matter of Lewittes v Blume |
| Motion No: 2011-00066 |
| Slip Opinion No: 2011 NY Slip Op 70190(U) |
| Decided on April 15, 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
M118439
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2011-00066
In the Matter of David Lewittes, appellant, v Marilyn Blume, respondent. (Docket Nos. V-12158/06, V-12159/06)
| DECISION & ORDER ON MOTION |
Appeal by David Lewittes from an order of the Family Court, Nassau County, dated November 24, 2010. By order to show cause dated March 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 January 14, 2011, 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 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court