Opinion
Motion No. 2023-05658 Docket Nos. N-5192-2020 N-5191-2020
11-27-2023
Unpublished Opinion
MOTION DECISION
M292571
COLLEEN D. DUFFY, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, WILLIAM G. FORD, JJ.
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ORDERED that the application to withdraw the appeal is granted, and the appeal is deemed withdrawn; and it is further, ORDERED that the motion to dismiss the appeal is denied as academic.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.