Matter of C. (Anonymous), Brayan J. F.
Motion No: 2013-11329
Slip Opinion No: 2014 NY Slip Op 70665(U)
Decided on April 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M173380

E/sl

RUTH C. BALKIN, J.P. CHERYL E. CHAMBERS

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2013-11329

In the Matter of Brayan J. F. C. (Anonymo

Dilcia I. H. (Anonymous), petitioner-appel

Elsa M. C. C. (Anonymous), respondent-re

(Docket No. G-18163-13)

DECISION & ORDER ON MOTION

us).
lant;
spondent.

Appeal by Dilcia I. H. from an order of the Family Court, Suffolk County, dated November 4, 2013. By order to show cause dated March 4, 2014, the parties 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 January 6, 2014, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). By order on application of this Court dated April 2, 2014, the appellant's application to withdraw the appeal was granted and the appeal was marked withdrawn.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied as academic in light of the order on application dated April 2, 2014.

BALKIN, J.P., CHAMBERS, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court