| Matter of McBrien v Hasson |
| Motion No: 2012-09120 |
| Slip Opinion No: 2013 NY Slip Op 65741(U) |
| Decided on February 27, 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
M151817
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
|
2012-09120 In the Matter of Frances McBrien, respondent, v James J. Hasson, appellant. (Docket No. F-3109-10/10A)
| DECISION & ORDER ON MOTION |
Appeal by James J. Hasson from an order of the Family Court, Richmond County, dated August 24, 2012. By order to show cause dated January 9, 2013, the parties or their attorneys are 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 November 26, 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.
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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court