Matter of Grill v Genitrini
Motion No: 2016-09715
Slip Opinion No: 2016 NY Slip Op 95422(U)
Decided on December 28, 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

M223610

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON, JJ.

2016-09715

In the Matter of Elizabeth Grill, respondent,

v Christian Genitrini, appellant.

(Proceeding No. 1)

In the Matter of Christian Genitrini, appellant,

v Elizabeth Grill, respondent.

(Proceeding No. 2)

(Docket Nos. V-15808-11/14B/14I, V-15809-11/14E

V-5634-16/16A, V-5635-16/16A, V-15808-11/14C/1 V-15809-11/14F/14I/14J/15N)

DECISION & ORDER ON MOTION









/14L,
4F/14G/15K,

Appeal by Christian Genitrini from an order of the Family Court, Westchester County, dated August 22, 2016. By order to show cause dated November 15, 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 proceedings for failure to comply with a scheduling order dated September 29, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

LEVENTHAL, J.P., DICKERSON, AUSTIN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court