| Dobi v Cavanaugh |
| Motion No: 2011-11182 |
| Slip Opinion No: 2012 NY Slip Op 69649(U) |
| Decided on April 6, 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. |
Appellate Division: Second Judicial Department
M135429
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2011-11182 Elise Dobi, etc., respondent, v Timothy Cavanaugh, appellant. (Index No. 07-11738)
| DECISION & ORDER ON MOTION |
Appeal by Timothy Cavanaugh from an order of the Supreme Court, Westchester County, entered October 4, 2011. By order to show cause dated February 28, 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 20, 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 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., FLORIO, ENG and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court