Appellate Division: Second Judicial Department

M182763

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2014-05861 In the Matter of Xiomara R.-B. (Anonymous). Suffolk County Department of Social Services, petitioner-appellant; Rana R.-B. (Anonymous), respondent-respondent. (Docket No. N-14747-11)

DECISION & ORDER ON MOTION

Appeal by Suffolk County Department of Social Services from an order of the Family Court, Suffolk County, dated April 30, 2014. By order to show cause dated September 26, 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][22]). Application by the petitioner-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ORDERED that the application is granted, the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., DICKERSON, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court