Opinion
2012-09274 Docket No. V-6185-12/12A V-6186-12/12A M149968
01-23-2013
In the Matter of Paul Cooney, appellant, v. Allison T. Cooney, respondent.
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Appeal by Paul Cooney from an order of the Family Court, Nassau County, dated August 24, 2012. By order to show cause dated December 12, 2012, the parties or their attorneys 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 October 19, 2012, issued pursuant to § 670.4(a)(2) of the rules of this Court (22 NYCRR 670.4[a][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ORDERED that the application is granted, and the appeal is marked withdrawn; and it is further,
ORDERED that the motion to dismiss the appeal is denied as academic.
BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court