Appellate Division: Second Judicial Department

M134708

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-11141 In the Matter of Daniel J. Wolfe, appellant, v Joann Pecoraro, respondent. (Proceeding No. 1) In the Matter of Joann Pecoraro, respondent, v Daniel J. Wolfe, appellant. (Proceeding No. 2) (Docket Nos. V-13413/10, V-2582/11)

DECISION & ORDER ON MOTION

Appeal by Daniel J. Wolfe from an order of the Family Court, Nassau County, dated October 11, 2011. By order to show cause dated February 8, 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 appeal in the above-entitled proceedings for failure to comply with a scheduling order dated December 22, 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 the papers filed in support of the application and no papers having been filed in opposition 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court