Appellate Division: Second Judicial Department

M229136

S/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-05190 In the Matter of Polina Zaydenman, appellant, v Alexander Zaydenman, respondent. (Docket No. V-15657-15/15A)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Queens County, dated April 12, 2016, on the ground that it has been rendered academic, or, in the alternative, to hold the appeal in abeyance pending determination by the Family Court, Queens County, of the appellant's related proceeding for modification of visitation, and to enlarge the time to serve and file a brief. By decision and order on motion dated March 23, 2017, that branch of the motion which was to dismiss the appeal was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. By order on application of this Court dated April 6, 2017, the appeal was withdrawn.

Now, on the Court's own motion, it is

ORDERED that so much of the decision and order on motion of this Court dated March 23, 2017, as referred the branch of the motion which was to dismiss the appeal to the panel of Justices hearing the appeal is recalled and vacated and that branch of the motion is denied as academic.

RIVERA, J.P., HALL, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court