Opinion
2021-01511
07-12-2021
MARK C. DILLON, J.P. BETSY BARROS ANGELA G. IANNACCI JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Family Court, Queens County, dated January 25, 2021. By order to show cause dated May 24, 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 proceedings for failure to comply with a scheduling order dated March 5, 2021, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further, ORDERED that the motion to dismiss the appeal is denied as academic.
DILLON, J.P., BARROS, IANNACCI and ZAYAS, JJ., concur.