Matter of Wen Lin v Jianmin Lian
Motion No: 2018-10621
Slip Opinion No: 2018 NY Slip Op 91766(U)
Decided on December 26, 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

M258594

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-10621

In the Matter of Wen Lin, appellant,

v Jianmin Lian, respondent.

(Docket No. V-25195-17)

DECISION & ORDER ON MOTION

Appeal by Wen Lin from an order of the Family Court, Queens County, dated August 1, 2018. By order to show cause dated November 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 for failure to comply with a scheduling order dated October 3, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.

MASTRO, J.P., AUSTIN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court