| Shu Jun Zhu v Bin Pan |
| Motion No: 2016-03467 |
| Slip Opinion No: 2016 NY Slip Op 83843(U) |
| Decided on August 29, 2016 |
| 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
M217298
E/sl
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
BETSY BARROS, JJ.
|
2016-03467 Shu Jun Zhu, appellant, v Bin Pan, respondent. (Index No. 188/16)
| DECISION & ORDER ON MOTION |
Appeal by Shu Jun Zhu from an order of the Supreme Court, Queens County, dated March 28, 2016. By order to show cause dated July 21, 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 April 27, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
RIVERA, J.P., MILLER, HINDS-RADIX and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court