Appellate Division: Second Judicial Department

M255701

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-09574 In the Matter of Teresa Lester, appellant, v Mark H. Miller, respondent. (Docket No. F-6123-09/17C)

DECISION & ORDER ON MOTION

Appeal by Teresa Lester from an order of the Family Court, Nassau County, dated June 29, 2018. By order to show cause dated August 23, 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 no appeal lies from an order entered upon the consent of the appealing party and/or no appeal lies from an order of a support magistrate before objections have been reviewed by a judge of the Family Court. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court