O'Donnell v Jewish Board of Family and Children's Services, Inc.
Motion No: 2024-01319
Slip Opinion No: 2024 NY Slip Op 79886(U)
Decided on December 9, 2024
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

M301308

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

DONNA-MARIE E. GOLIA, JJ.

2024-01319

Patrick J. O'Donnell, respondent, v Jewish

Board of Family and Children's Services,

Inc., etc., et al., appellants, et al., defendants.

(Index No. 57585/2020)

DECISION & ORDER ON MOTION

Appeal by Jewish Board of Family and Children's Services, Inc. and Board of Trustees of the Jewish Board of Family and Children's Services, Inc. from an order of the Supreme Court, Westchester County, dated October 10, 2023. By order to show cause dated October 18, 2024, the parties were directed to show cause before this Court why the appeal should or should not be dismissed in the above-entitled action for failure to comply with the scheduling order dated February 14, 2024. Application by the appellants 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ORDERED that the application to withdraw the appeal is granted, and the appeal is deemed withdrawn; and it is further,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.

IANNACCI, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court