| Matter of McCarty v Grella |
| Motion No: 2014-06796 |
| Slip Opinion No: 2014 NY Slip Op 91842(U) |
| Decided on December 4, 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
M183367
E/sl
PETER B. SKELOS, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2014-06796 In the Matter of Tracie Lynn McCarty, respondent, v Francis Grella, appellant. (Docket Nos. V-21391-12, V-372-13)
| DECISION & ORDER ON MOTION |
Appeal by Francis Grella from an order of the Family Court, Suffolk County, dated May 19, 2014. By order to show cause dated September 25, 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 August 7, 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 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbrusements; and it is further,
ORDERED that motion to dismiss the appeal is denied as academic.
SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court