Matter of Fileccia v Fileccia
Motion No: 2018-07371
Slip Opinion No: 2018 NY Slip Op 83361(U)
Decided on September 14, 2018
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

M255282

E/mm

MARK C. DILLON, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2018-07371

In the Matter of Virginia Fileccia, appellant,

v Mark A. Fileccia, respondent.

(Docket No. O-2834-17)

DECISION & ORDER ON MOTION

Appeal by Virginia Fileccia from an order of the Family Court, Richmond County, dated May 23, 2018. By order to show cause dated July 20, 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 on the ground that the appellant was not aggrieved. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

DILLON, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court