Matter of Vogel v Vogel
Motion No: 2014-05858
Slip Opinion No: 2014 NY Slip Op 86510(U)
Decided on October 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M181190

E/ct

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2014-05858

In the Matter of Beverlie Vogel, respondent,

v Michael Vogel, appellant.

(Docket No. F-15306-12/12B)

DECISION & ORDER ON MOTION

Appeal by Michael Vogel from an order of the Family Court, Suffolk County, dated May 12, 2014. By order to show cause dated August 22, 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 June 30, 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ORDERED that the application is granted, and the appeal is marked withdrawn; and it is further,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.

CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court