| Matter of Nicoletti v Nicoletti |
| Motion No: 2018-06905 |
| Slip Opinion No: 2018 NY Slip Op 84213(U) |
| Decided on September 21, 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. |
Appellate Division: Second Judicial Department
M255547
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.
|
2018-06905 In the Matter of David Nicoletti, appellant, v Natalya Nicoletti, respondent. (Docket Nos. V-1851-16/18A, V-2042-16/18A)
| DECISION & ORDER ON MOTION |
Appeal by David Nicoletti from an order of the Family Court, Richmond County, dated May 11, 2018. By order to show cause dated August 17, 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 proceedings for failure to comply with a scheduling order dated June 20, 2018, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court