| Matter of Gentile v Gentile |
| Motion No: 2016-10738 |
| Slip Opinion No: 2017 NY Slip Op 65052(U) |
| Decided on February 23, 2017 |
| 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
M226422
E/sl
L. PRISCILLA HALL, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
FRANCESCA E. CONNOLLY, JJ.
|
2016-10738 In the Matter of Douglas Gentile, appellant, v Donna Gentile, respondent. (Docket No. F-4286-15/15A)
| DECISION & ORDER ON MOTION |
Appeal by Douglas Gentile from an order of the Family Court, Suffolk County, dated August 1, 2016. By order to show cause dated December 21, 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 November 4, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court