Appellate Division: Second Judicial Department

M223785

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2016-10197 Debra Gaccione, plaintiff-appellant, v Louis J. Gaccione, Jr., respondent; Gabriela G. (Anonymous), et al., nonparty-appellants. (Index No. 200025/05)

DECISION & ORDER ON MOTION

Appeal by Debra Gaccione and separate appeal by Gabriela G. and Lydia G. from an order of the Supreme Court, Nassau County, dated August 17, 2016. By order to show cause dated December 1, 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 by Debra Gaccione in the above-entitled action for failure to comply with a scheduling order dated October 13, 2016, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]). Application by Debra Gaccione to withdraw her 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 by Debra Gaccione is denied; and it is further,

ORDERED that the application is granted and the appeal by Debra Gaccione is deemed withdrawn, without costs or disbursements.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court