| Matter of Abbate v Abbate |
| Motion No: 2015-01873 |
| Slip Opinion No: 2015 NY Slip Op 78678(U) |
| Decided on July 9, 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. |
Appellate Division: Second Judicial Department
M195173
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2015-01873 In the Matter of Frederick J. Abbate, respondent, v Barbara A. Abbate, appellant. (Docket Nos. V-5512-14/14B, V-5513-14/14B)
| DECISION & ORDER ON MOTION |
Appeal by Barbara A. Abbate from an order of the Family Court, Suffolk County, dated January 30, 2015. By order to show cause dated May 18, 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 proceedings for failure to comply with a scheduling order dated April 1, 2015, 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, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
SKELOS, J.P., DILLON, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court