Matter of M. (Anonymous), Alfredo X.; Dutchess County De
Motion No: 2015-01790
Slip Opinion No: 2015 NY Slip Op 73674(U)
Decided on May 20, 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

M192519

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2015-01790

In the Matter of Alfredo X. M. (Anonymous).

Dutchess County Department of Community and

Family Services, petitioner-respondent-appellant;

Henry E. M. (Anonymous), respondent-appellant-

respondent.

(Docket No. B-6207-13)

DECISION & ORDER ON MOTION

Appeal by Henry E. M. and cross appeal by Dutchess County Department of Community and Family Services from an order of the Family Court, Dutchess County, dated January 21, 2015. By order to show cause dated April 1, 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 by Henry E. M. in the above-entitled proceeding on the ground that he is not aggrieved by the order dated January 21, 2015. Application by Henry E. M. to withdraw his 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ORDERED that the application is granted and the appeal by Henry E. M. is marked withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

BALKIN, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court