Opinion
2012-09757 Docket No. V-19408-11/11A M153170
03-19-2013
In the Matter of Matthew M. Tortora, respondent, v. Kathryn E. Tortora, appellant.
, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Appeal by Kathryn E. Tortora from an order of the Family Court, Suffolk County, dated August 15, 2012. By order to show cause dated January 18, 2013, 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 proceedings for failure to comply with a scheduling order dated November 30, 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 it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the appeal is marked withdrawn.
ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court