Matter of Johanna
Motion No: 2012-03341
Slip Opinion No: 2012 NY Slip Op 79478(U)
Decided on July 20, 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

M141015

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

MARK C. DILLON

ARIEL E. BELEN, JJ.

2012-03341

In the Matter of Johanna.

Daniel H. (Anonymous), appellant.

(Docket No. A-19-12)

DECISION & ORDER ON MOTION

Appeal by Daniel H. from an order of the Family Court, Suffolk County, dated March 20, 2012. By order to show cause dated June 4, 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 April 19, 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 no papers having been 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

RIVERA, J.P., SKELOS, DILLON and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court