| Neuman v Phillips |
| Motion No: 2016-02741 |
| Slip Opinion No: 2017 NY Slip Op 66242(U) |
| Decided on March 6, 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
M227201
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY, JJ.
|
2016-02741 Nicole Neuman, appellant, v Paul Phillips, respondent. (Index No. 69561/15)
| DECISION & ORDER ON MOTION |
Appeal by Nicole Neuman from an order of the Supreme Court, Westchester County, dated February 22, 2016. By order to show cause dated January 26, 2017, 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 action for failure to comply with the decisions and orders on motion of this Court dated August 29, 2016, and December 8, 2016, respectively, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
DILLON, J.P., BALKIN, AUSTIN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court