| Matter of Coffey v Coffey |
| Motion No: 2016-08120 |
| Slip Opinion No: 2016 NY Slip Op 91297(U) |
| Decided on November 14, 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
M221119
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2016-08120 In the Matter of Kenneth Coffey, appellant, v Danielle Coffey, respondent. (Docket No. F-2973-08/13L)
| DECISION & ORDER ON MOTION |
Appeal by Kenneth Coffey from an order of the Family Court, Richmond County, dated June 16, 2016. By order to show cause dated September 28, 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 August 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
BALKIN, J.P., DICKERSON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court