| Matter of Totten v Alcosser |
| Motion No: 2014-01008 |
| Slip Opinion No: 2014 NY Slip Op 74582(U) |
| Decided on June 10, 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
M175133
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2014-01008 In the Matter of Jennifer Totten, responden v Leonard Alcosser, appellant. (Docket Nos. F-2170-08/13E, F-2170-08/1 F-2170-08/13G)
| DECISION & ORDER ON MOTION t, 3F, |
Appeal by Leonard Alcosser from an order of the Family Court, Suffolk County, dated December 12, 2013. By order to show cause dated April 11, 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 proceedings for failure to comply with a scheduling order dated February 26, 2014, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., CHAMBERS, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court