Matter of Zita v Van Wagoner-Felske
Motion No: 2015-00361
Slip Opinion No: 2015 NY Slip Op 71420(U)
Decided on April 27, 2015
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

M191288

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-00361

In the Matter of Sandra Zita, respondent,

v Cort Van Wagoner-Felske, appellant.

(Docket No. V-2798-10/14C)

DECISION & ORDER ON MOTION

Appeal by Cort Van Wagoner-Felske from an order of the Family Court, Suffolk County, dated January 13, 2015. By order to show cause dated March 17, 2015, 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 January 30, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied as academic, in light of the order on application of this Court dated April 2, 2015, granting the appellant's application to withdraw the appeal.

SKELOS, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court