Opinion
Motion No: 2011-05227 Docket No. F-6151-08/11F M126505
09-30-2011
In the Matter of Christopher A. Ilowite, appellant, v. Kathleen McCormick, respondent.
, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Appeal by Christopher A. Ilowite from an order of the Family Court, Suffolk County, dated April 20, 2011. By order to show cause dated August 18, 2011, the parties or their attorneys are 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 proceeding for failure to comply with a scheduling order dated June 13, 2011, issued pursuant to § 670.4(a)(5) of the rules of this Court (22 NYCRR 670.4[a][5]). 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 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ORDERED that the application is granted, and the appeal is deemed withdrawn, without costs or disbursements; and it is further,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.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court