Matter of Larocca v Cavallaro
Motion No: 2011-07343
Slip Opinion No: 2012 NY Slip Op 68464(U)
Decided on March 27, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M135347

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2011-07343

In the Matter of Lorraine Larocca, appellant,

v Steven Cavallaro, respondent.

(Docket No. F-586-07/10C)

DECISION & ORDER ON MOTION

Appeal by Lorraine Larocca from an order of the Family Court, Richmond dated July 11, 2011. By order to show cause dated January 20, 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 proceeding for failure to comply with a scheduling order dated December 6, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

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

SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court