Appellate Division: Second Judicial Department

M120387

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-00798 In the Matter of Jose H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jose H. (Anonymous), respondent-respondent; James M. (Anonymous), et al., nonparty-appellants. (Proceeding No. 1) In the Matter of Celina H. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; Jose H. (Anonymous), respondent-respondent; James M. (Anonymous), et al., nonparty-appellants. (Proceeding No. 2) (Docket Nos. N-3552/07, N-2946/06)

DECISION & ORDER ON MOTION

Appeal by James M. and Stephanie M. from a corrected order of the Family Court, Suffolk County, dated January 19, 2011. By order to show cause dated April 19, 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 March 7, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellants to withdraw the appeal.

Now, upon the order to show cause and the papers 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ORDERED that the appellants' application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

MASTRO, J.P., DICKERSON, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court