Appellate Division: Second Judicial Department

M133393

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-11707, 2011-11708 In the Matter of Mia P. R. D. (Anonymous). Suffolk County Department of Social Services, respondent, David D. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Spencer D. H. D. (Anonymous). Suffolk County Department of Social Services, respondent, David D. (Anonymous), appellant. (Proceeding No. 2) (Docket Nos. B-10750/11, B-10751/11)

DECISION & ORDER ON MOTION

Appeals by David D. from two orders of the Family Court, Suffolk County, both dated October 24, 2011. By order to show cause dated January 12, 2012, 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 appeals in the above-entitled proceedings on the ground that the orders appealed from were entered upon the appellant's default (see CPLR 5511). 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ORDERED that the application is granted and the appeal is deemed withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court