Appellate Division: Second Judicial Department

M292571

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

WILLIAM G. FORD, JJ.

2023-05658 In the Matter of Kayhla U. (Anonymous). Administration for Children's Services, petitioner-respondent; Kathleen U. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter Jayden U. (Anonymous). Administration for Children's Services, petitioner-respondent; Kathleen U. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-5192-2020, N-5191-2020)

DECISION & ORDER ON MOTION

Appeal by Kathleen U. from an order of the Family Court, Queens County, dated May 25, 2023. By order to show cause dated October 2, 2023, 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 proceedings for failure to comply with a scheduling order dated July 10, 2023, 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ORDERED that the application to withdraw the appeal is granted, and the appeal is deemed withdrawn; and it is further,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 as academic.

DUFFY, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court