Appellate Division: Second Judicial Department

M223019

E/ct

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-08547 In the Matter of James Nichols, respondent, v Amy Nichols, appellant. (Docket No. V-12771-14/15B)

DECISION & ORDER ON MOTION

Appeal by Amy Nichols from an order of the Family Court, Suffolk County, dated June 22, 2016. By order to show cause dated October 25, 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 25, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court