Appellate Division: Second Judicial Department

M250005

E/sl

SANDRA L. SGROI, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-02269 In the Matter of Frank Golio, appellant, v Joseph Picone, et al., respondents. (Docket Nos. V-2691-15/18D, V- 2692-15/18D)

DECISION & ORDER ON MOTION

Appeal by Frank Golio from an order of the Family Court, Orange County, dated January 23, 2018. By order to show cause dated April 10, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order was not appealable as it was issued ex parte or on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 and leave to appeal had not been granted. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further

ORDERED that the motion to dismiss the appeal is denied as academic.

SGROI, J.P., MALTESE, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court