Matter of Noss v Noss
Motion No: 2017-08722
Slip Opinion No: 2017 NY Slip Op 94446(U)
Decided on December 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M242560

E/ct

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2017-08722

In the Matter of Rebecca D. Noss, respondent,

v Haldor J. Noss, appellant.

(Docket No. V-3318-14/14A)

DECISION & ORDER ON MOTION

Appeal by Haldor J. Noss from an order of the Family Court, Rockland County, dated July 3, 2017. By order to show cause dated October 31, 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 September 15, 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 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court