Appellate Division: Second Judicial Department

M203115

S/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-08855 In the Matter of Carminda S. G. (Anonymous), appellant, v Fredy G. S. (Anonymous), respondent. (Docket No. G-2255-15)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated August 25, 2015, inter alia, to direct the Family Court to conduct a hearing pursuant to 8 USC § 1101(a)(27)(J). By order to show cause dated December 4, 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 on the ground that it has been rendered academic by this Court's determination in a decision and order dated November 12, 2015, in an appeal entitled Matter of Gomez v Sibrian, under Appellate Division Docket No. 2015-03740. On December 4, 2015, this Court received an application by the appellant to withdraw the appeal.

Upon the papers filed in support of the motion and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that on the Court's own motion the order to show cause of this Court dated December 4, 2015, is recalled and vacated; and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., DICKERSON, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court