Appellate Division: Second Judicial Department

M272682

E/jr

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2020-01614 Ashley Scronic, respondent, v Michael Scronic, appellant. (Index No. 67957/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated January 13, 2020. By order to show cause dated July 14, 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 concerning issues not involving visitation between the appellant and the subject child in the above-entitled action for failure to comply with a scheduling order dated June 1, 2020, issued pursuant to § 670.3(b)(4) of the rules of this Court (see 22 NYCRR 670.3[b][4]). Application by the appellant to withdraw the appeal concerning issues not involving visitation between the appellant and the subject child.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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granted and the appeal concerning issues not involving visitation between the appellant and the subject child is deemed withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal concerning issues not involving visitation between the appellant and the subject child is denied as academic.

SCHEINKMAN, P.J., HINDS-RADIX, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court