| Matter of Simms v Swanigan |
| Motion No: 2021-00253 |
| Slip Opinion No: 2021 NY Slip Op 63501(U) |
| Decided on March 24, 2021 |
| 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
M276266
AFA/
LEONARD B. AUSTIN, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
PAUL WOOTEN, JJ.
|
2021-00253 In the Matter of Sheneice Naomi Simms, respondent, v Eric Shane Swanigan, appellant. (Docket No. V-10665-2017/2020F)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Westchester County, dated January 4, 2021. By order to show cause dated February 8, 2021, the parties were directed to show cause before this Court why the appeal should or should not be dismissed on the ground that the appeal has been rendered academic as the order expired by its terms. Application by the appellant to withdraw the appeal.
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ORDERED that the application to withdraw the appeal is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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 as academic.
AUSTIN, J.P., MILLER, LASALLE and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court