| Matter of Bernstein v Bernstein |
| Motion No: 2012-03988 |
| Slip Opinion No: 2012 NY Slip Op 81415(U) |
| Decided on August 14, 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
M142037
H/sl
RUTH C. BALKIN, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2012-03988
In the Matter of Ruti Bernstein, respondent, v Bezalel Bernstein, appellant. (Docket Nos. V-19779-02/10C, V-19780-02/10C)
| DECISION & ORDER ON MOTION |
Appeal by Bezalel Bernstein from an order of the Family Court, Kings County, dated March 23, 2012. By order to show cause dated June 27, 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 proceedings for failure to comply with a scheduling order dated May 9, 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court