| Augustin v Bullen |
| Motion No: 2011-03924 |
| Slip Opinion No: 2011 NY Slip Op 83753(U) |
| Decided on September 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
M125739
E/ct
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2011-03924 Wisly Augustin, appellant, v Jeannine Bullen, respondent. (Index No. 13261-05)
| DECISION & ORDER ON MOTION |
Appeal by Wisly Augustin from an order of the Supreme Court, Suffolk County, dated April 5, 2011. By decision and order on motion dated August 3, 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 action for failure to comply with a scheduling order dated June 9, 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 the papers filed in response thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court