Matter of Smith v Smith
Motion No: 2016-08117
Slip Opinion No: 2016 NY Slip Op 87272(U)
Decided on September 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M219002

E/afa

RANDALL T. ENG, P.J.

RUTH C. BALKIN

L. PRISCILLA HALL

BETSY BARROS, JJ.

2016-08117, 2016-08118

In the Matter of Timothy Francis Smith, petitioner-

respondent, v Kathryn Smith, respondent-respondent;

Taylor S. (Anonymous), et al., nonparty-appellants.

(Docket Nos. V-1724-09/10C, V-1724-09/10D,

V-1724-09/10E, V-1725-09/10C, V-1725-09/10D,

V-1725-09/10E)

DECISION & ORDER ON MOTION

Appeals by Taylor S. and Emma S. from two orders of the Family Court, Richmond County, both dated June 23, 2016. By order to show cause dated August 16, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings on the ground that the appellants were not aggrieved. Application by the nonparty-appellants to withdraw the appeals.

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 appeals is denied; and it is further,

ORDERED that the application to withdraw the appeals is granted and the appeals are deemed withdrawn, without costs or disbursements.

ENG, P.J., BALKIN, HALL and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court