Opinion
2012-09846 Docket No. V-7118-11 V-5887-11 M153171
03-19-2013
In the Matter of Carolyn Young, respondent, v. John Henry Eckstein, Jr., appellant.
, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Appeal by John Henry Eckstein, Jr., from an order of the Family Court, Westchester County, dated September 12, 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 28, 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, 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ORDERED that the application is granted and the appeal is marked withdrawn.
BALKIN, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court