Appellate Division: Second Judicial Department

M201112

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2015-03680 In the Matter of Neal S. Mallor, respondent, v Shari B. Mallor, respondent-appellant; Cooper M., nonparty-appellant. (Proceeding No. 1) In the Matter of Shari B. Mallor, petitioner- appellant, v Neal S. Mallor, respondent; Cooper M., nonparty-appellant. (Proceeding No. 2) (Docket Nos. V-7005-13, V-7650-13)

DECISION & ORDER ON MOTION

Separate appeals by Shari B. Mallor and Cooper M. from an order of the Family Court, Nassau County, dated March 31, 2015. By order to show cause dated September 8, 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 Shari B. Mallor in the above-entitled proceedings for failure to comply with a decision and order on motion of this Court dated June 8, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by the appellant Cooper M. 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 motion to dismiss the appeal by Shari B. Mallor is granted, and the appeal by Shari B. Mallor is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated June 8, 2015, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]); and it is further,

ORDERED that the application is granted and the appeal by Cooper M. Is deemed withdrawn, without costs or disbursements.

ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court