Appellate Division: Second Judicial Department

M146378

E/ct

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-06286 In the Matter of Maryann Hegel-Dornemann, appellant, v Michael Dornemann, respondent. (Docket Nos. V-2277-12/12A, V-2278-12/12A, V-2687-12/12A, V-2688-12/12A)

DECISION & ORDER ON MOTION

Appeal by Maryann Hegel-Dornemann from an order of the Family Court, Dutchess County, dated May 30, 2012. By order to show cause dated September 14, 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 July 23, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court