MATTER OF MARLEEN ACHONGEARLE, ap, v. ANTHONY ZC ACHONG res — Appeal by Marleen Achong-Earle from an order of the Family Court, Kings County, dated July 12, 2012. By 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 dated October 19, 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 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ORDERED that the application is granted, and the appeal is marked withdrawn; and it is further,

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

BALKIN, J.P., LOTT, AUSTIN and SGROI, JJ., concur.