| Matter of Ciardullo v Smith |
| Motion No: 2017-06141 |
| Slip Opinion No: 2017 NY Slip Op 87790(U) |
| Decided on October 3, 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
M238704
E/sl
RANDALL T. ENG, P.J.
JEFFREY A. COHEN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-06141 In the Matter of Lisa Ciardullo, appellant, v Michael Smith, respondent. (Docket No. V-6525-15)
| DECISION & ORDER ON MOTION |
Appeal by Lisa Ciardullo from an order of the Supreme Court, Westchester County (IDV Part), dated May 2, 2017. By order to show cause dated August 10, 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 proceeding for failure to comply with a scheduling order dated June 27, 2017, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.
ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court