| Bub v DeCintio |
| Motion No: 2019-13050 |
| Slip Opinion No: 2020 NY Slip Op 63540(U) |
| Decided on February 26, 2020 |
| 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
M269883
kbp/
CHERYL E. CHAMBERS, J.P.
JOHN M. LEVENTHAL
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2019-13050 George Bub, respondent, v Gina DeCintio, appellant. (Index No. 9360/15)
| DECISION & ORDER ON MOTION |
Appeal by Gina DeCintio from an order of the Supreme Court, Suffolk County, dated August 7, 2019. By order to show cause dated January 21, 2020, 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 action for failure to comply with a scheduling order dated December 3, 2019, 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 the papers 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 motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements.
CHAMBERS, J.P., LEVENTHAL, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court