Appellate Division: Second Judicial Department

M128937

E/sl

REINALDO E. RIVERA, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-06940 In the Matter of Michael Esposito, appellant, v Nancy Esposito, respondent. (Docket No. F-20342-09/10D)

DECISION & ORDER ON MOTION

Appeal by Michael Esposito from an order of the Family Court, Suffolk County, dated June 30, 2011. By order to show cause dated October 11, 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 August 17, 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 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ORDERED that the application is granted and the appeal deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion is denied as academic.

RIVERA, J.P., BELEN, AUSTIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court