| Ruinsky v Ruinsky |
| Motion No: 2014-02601 |
| Slip Opinion No: 2014 NY Slip Op 77938(U) |
| Decided on July 16, 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
M177009
E/sl
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
|
2014-02601 Emma Ruinsky, respondent, v Gary Ruinsky, appellant. (Index No. 54168/09)
| DECISION & ORDER ON MOTION |
Appeal by Gary Ruinsky from a judgment of the Supreme Court, Kings County, dated December 20, 2013. By order to show cause dated May 15, 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 action for failure to comply with a scheduling order dated March 31, 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ORDERED that the application is granted and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
LEVENTHAL, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court