| Bayne v Bakkum |
| Motion No: 2011-03631 |
| Slip Opinion No: 2011 NY Slip Op 78444(U) |
| Decided on July 14, 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
M123018
T/sl
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
SHERI S. ROMAN, JJ.
|
2011-03631 Brian Bayne, appellant, v Allison Bakkum, respondent. (Index No. 100/11)
| DECISION & ORDER ON MOTION |
Appeal by Brian Bayne from an order of the Supreme Court, Orange County, dated February 22, 2011. By order to show cause dated June 6, 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 April 19, 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 motion is denied as academic; and it is further,
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RIVERA, J.P., FLORIO, DICKERSON and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court