| Matter of Ilowite v McCormick |
| Motion No: 2011-05227 |
| Slip Opinion No: 2011 NY Slip Op 85514(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
M126505
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
|
2011-05227 In the Matter of Christopher A. Ilowite, appellant, v Kathleen McCormick, respondent. (Docket No. F-6151-08/11F)
| DECISION & ORDER ON MOTION |
Appeal by Christopher A. Ilowite from an order of the Family Court, Suffolk County, dated April 20, 2011. By order to show cause dated August 18, 2011, the parties or their attorneys are 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 June 13, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]). 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 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court