In the Matter of the Application of

Motion No: M-3535

Slip Opinion No: 2019 NYSlipOp 80242(U)

Decided on September 26, 2019

Appellate Division, First 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.

September 26, 2019

In the Matter of the Application of,

Alexander P. Kelly,

Petitioner, For the Appointment of a Guardian for

Mary Patricia Kelly also known as

Mary Ann Kelly,

An Alleged Incapacitated Person.

v

Petitioner having moved, pursuant to CPLR 5704, for review of an ex-parte application made in the Supreme Court, New York County, which was denied on or about July 10, 2019, and for various, affirmative injunctive relief, Now, upon reading and filing the correspondence from counsel for petitioner dated July 30, 2019, and due deliberation having been had thereon, It is ordered that the motion is deemed withdrawn in accordance with the aforesaid correspondence. ENTERED: September 26, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter,Justices

M-3535

Index No. 500084/15