Matter of P. (Anonymous) v G. (Anonymous)
Motion No: 2012-00325
Slip Opinion No: 2012 NY Slip Op 71827(U)
Decided on May 1, 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

M136942

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2012-00325

In the Matter of Brenna P. (Anonymous),

respondent, v Kenneth G. (Anonymous),

appellant.

(Docket No. P-16607/11)

DECISION & ORDER ON MOTION

Appeal by Kenneth G. from an order of the Family Court, Suffolk County, dated November 17, 2011. By order to show cause dated March 13, 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 February 1, 2012, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court