| Dominguez v Dominguez |
| Motion No: 2011-03571 |
| Slip Opinion No: 2011 NY Slip Op 85491(U) |
| Decided on September 30, 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
M126739
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2011-03571 Dula Dominguez, respondent, v Luis Alberto Dominguez, appellant. (Index No. 2685/07)
| DECISION & ORDER ON MOTION |
Appeal by Luis Alberto Dominguez from a decision of the Supreme Court, Queens County, dated March 25, 2011. By order to show cause dated August 8, 2011, counsel for the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision. 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 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court