Matter of Reuter v Reuter
Motion No: 2011-01688
Slip Opinion No: 2011 NY Slip Op 74173(U)
Decided on May 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M120713

E/ct

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-01688

In the Matter of William C. Reuter, respondent,

v Gail Reuter, appellant.

(Docket Nos. F-11291/06, F-16442/09)

DECISION & ORDER ON MOTION

Appeal by Gail Reuter from an order of the Family Court, Westchester County, dated December 20, 2010. 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 8, 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, the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

COVELLO, J.P., LEVENTHAL, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court