| Matter of Scafide v Shaw |
| Motion No: 2013-09116 |
| Slip Opinion No: 2014 NY Slip Op 61010(U) |
| Decided on January 15, 2014 |
| 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
M167608
E/nl
WILLIAM F. MASTRO, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2013-09116
In the Matter of Lorraine Scafide, et al., appellants, v Mark Shaw, respondent. (Docket No. V-2966-13)
| DECISION & ORDER ON MOTION |
Appeal by Lorraine Scafide and Joseph Scafide from an order of the Family Court, Suffolk County, dated August 20, 2013. By order to show cause dated November 22, 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 proceeding for failure to comply with a scheduling order dated October 10, 2013, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellants 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
MASTRO, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court