| Matter of McSween v Reid |
| Motion No: 2019-01812 |
| Slip Opinion No: 2019 NY Slip Op 68668(U) |
| Decided on April 23, 2019 |
| 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
M262090
E/mm
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2019-01812 In the Matter of Andre S. McSween, appellant, v Natilee Reid, respondent. (Docket Nos. V-20735-18/18A, V-20735-18/18B)
| DECISION & ORDER ON MOTION |
Appeal by Andre S. McSween from an order of the Family Court, Kings County, dated January 17, 2019. By order to show cause dated March 15, 2019, 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 on the ground that no appeal lies as of right from a nondispositional order in proceedings pursuant to Family Court Act article 6, part 3 and leave to appeal had not been granted. 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
AUSTIN, J.P., LEVENTHAL, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court