| Matter of Mattessich v Hecker |
| Motion No: 2013-08587 |
| Slip Opinion No: 2013 NY Slip Op 95357(U) |
| Decided on December 30, 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
M167025
E/sl
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-08587 In the Matter of Anthony Mattessich, appellant, v Cornellious Alfred Hecker III, respondent. (Docket Nos. F-6796-10/12B, F-6796-10/12C)
| DECISION & ORDER ON MOTION |
Appeal by Anthony Mattessich from an order of the Family Court, Westchester County, dated July 12, 2013. By order to show cause dated November 13, 2013, 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 September 24, 2013, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., LOTT, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court