Appellate Division: Second Judicial Department

M262847

E/mm

LEONARD B. AUSTIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-00783 In the Matter of Steven Genova, respondent, v Tanya Hitchcock, appellant. (Docket No. F-660-18)

DECISION & ORDER ON MOTION

Appeal by Tanya Hitchcock from an order of the Family Court, Richmond County, dated December 11, 2018. By order to show cause dated March 19, 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 proceeding for failure to comply with a scheduling order dated January 30, 2019. Motion by the respondent to dismiss the appeal, inter alia, for failure to timely perfect. 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 respondent's motion and 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 for failure to comply with the scheduling order and the respondent's motion are denied as academic.

AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court