Appellate Division: Second Judicial Department

M216691

E/afa

MARK C. DILLON, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON, JJ.

2016-04030 Dina Cappa Vihinen, respondent, v Eric James Vihinen, appellant. (Index No. 6646/11)

DECISION & ORDER ON MOTION

Appeal by Eric James Vihinen from a judgment of the Supreme Court, Orange County, dated November 5, 2015. By order to show cause dated June 30, 2016, 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 May 11, 2016, 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, 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 is denied; and it is further,

ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

DILLON, J.P., ROMAN, COHEN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court