IN THE MATTER OF JACQUELINE RUSSELL, res, v. CHARLES RUSSELL, ap — Appeal by Charles Russell from an order of the Family Court, Kings County, dated July 3, 2012. By order to show cause dated December 5, 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 decision and order on motion of this Court dated October 9, 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ORDERED that the application is granted, and the appeal is marked withdrawn, without costs or disbursements; and it is further,

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

RIVERA, J.P., LOTT, ROMAN and SGROI, JJ., concur.