Appellate Division: Second Judicial Department

M135430

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-10726 Wendy T.-H. (Anonymous), respondent- appellant, v Kentaro H. (Anonymous), appellant-respondent. (Index No. 201729/05)

DECISION & ORDER ON MOTION

Appeal by Kentaro H. and cross appeal by Wendy T.-H. from an order of the Supreme Court, Nassau County, dated November 14, 2011. By order to show cause dated February 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 and cross appeal in the above-entitled action for failure to comply with a scheduling order dated December 27, 2011, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by Wendy T.-H. to withdraw the cross 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 motion to dismiss the appeal and cross appeal is denied; and it is further,

ORDERED that pursuant to § 670.4(a)(2) of the rules of this Court (see 22 NYCRR 670.4[a][2]), the time of Kentaro H. to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until May 29, 2012; and it is further,

ORDERED that the application is granted and the cross appeal by Wendy T.-H. is deemed withdrawn.

ANGIOLILLO, J.P., BELEN, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court