| Matter of Falco v Falco |
| Motion No: 2017-03944 |
| Slip Opinion No: 2017 NY Slip Op 81305(U) |
| Decided on July 31, 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
M235183
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2017-03944 In the Matter of Karen Falco, respondent, v Jonathan Falco, appellant. (Docket Nos. V-13780/81-15/15A, B, V-13780/81-15/16C-E, G)
| DECISION & ORDER ON MOTION |
Appeal by Jonathan Falco from an order of the Family Court, Westchester County, dated March 9, 2017. By order to show cause dated June 7, 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 proceedings for failure to comply with a scheduling order dated April 25, 2017, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][2]).
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied as academic in light of the order on application of this Court dated July 13, 2017, which granted the appellant's application to withdraw the appeal.
RIVERA, J.P., DILLON, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court