| Matter of Achong-Earle v Achong |
| Motion No: 2012-08948 |
| Slip Opinion No: 2013 NY Slip Op 62327(U) |
| Decided on January 23, 2013 |
| 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
M149967
E/ct
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2012-08948 In the Matter of Marleen Achong-Earle, appellant, v Anthony ZC Achong, et al., respondents. (Docket No. V-12570-11)
| DECISION & ORDER ON MOTION |
Appeal by Marleen Achong-Earle from an order of the Family Court, Kings County, dated July 12, 2012. By order to show cause dated December 5, 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 October 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 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ORDERED that the application is granted, and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court