Appellate Division: Second Judicial Department

M251419

E/afa

MARK C. DILLON, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2017-12607 In the Matter of Sandra England, respondent, v Christopher England, appellant. (Docket No. F-5428-16)

DECISION & ORDER ON MOTION

Appeal by Christopher England from an order of the Family Court, Orange County, dated October 23, 2017. By order to show cause dated April 18, 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 in the above-entitled proceeding for failure to comply with a scheduling order of this Court dated December 22, 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 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements.

DILLON, J.P., ROMAN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court