Appellate Division: Second Judicial Department

M241429

E/ct

L. PRISCILLA HALL, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-07105, 2017-07106 In the Matter of Marian Helen Copertino, respondent, v Richard Copertino, appellant. (Proceeding No. 1) In the Matter of Richard Copertino, appellant, v Marian Helen Copertino, respondent. (Proceeding No. 2) (Docket Nos. F-7161-15/15A, F-7161-15/15C, F-7161-15/15D, F-7161-15/15B)

DECISION & ORDER ON MOTION

Appeals by Richard Copertino from two orders of the Family Court, Nassau County, dated May 31, 2017, and June 1, 2017, respectively. By order to show cause dated September 22, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated August 2, 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 no papers having been filed in response thereto, and 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 appeals 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.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., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court