Matter of Hulen v Spearman
Motion No: 2021-00363
Slip Opinion No: 2021 NY Slip Op 67536(U)
Decided on June 11, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M277580

AFA/

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2021-00363

In the Matter of Duston Hulen, Sr., respondent,

v Sonja Spearman, appellant.

(Docket No. F-17024-2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Family Court, Westchester County, dated December 17, 2020. By order to show cause dated April 23, 2021, 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 March 8, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Application by the appellant pro se to withdraw the appeal.

Now, upon the order to show cause and the papers filed in response thereto, and the papers filed in support of the appellant's 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ORDERED that the application to withdraw the appeal is granted, and the appeal is deemed withdrawn; and it is further,

ORDERED that the motion to dismiss the appeal is denied.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court