Novak v. Novak

Full title: In the Matter of Linda A. Novak, respondent, v. Jonathan Novak, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: May 1, 2012

2012 N.Y. Slip Op. 71826 (N.Y. App. Div. 2012)

Opinion

Motion No: 2011-06492 Docket No. F-5395-07/10C M136943

05-01-2012

In the Matter of Linda A. Novak, respondent, v. Jonathan Novak, appellant.

REINALDO E. RIVERA

, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

DECISION & ORDER ON MOTION

Appeal by Jonathan Novak from an order of the Family Court, Richmond County, dated June 1, 2011. By order to show cause dated March 8, 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 proceeding for failure to comply with a scheduling order dated July 21, 2011, 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ORDERED that the application is granted and the appeal is deemed withdrawn, without costs or disbursements; and it is further,

ORDERED that the motion to dismiss the appeal is denied as academic.

RIVERA, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court