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

April 24, 2026

2025-11868, 900072/2021

Lara J. Genovesi, J.P.

Lillian Wan

Carl J. Landicino

Phillip Hom, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Nassau County, dated September 8, 2025. By order to show cause dated March 10, 2026, the parties 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 action for failure to comply with a scheduling order dated October 15, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

Now, upon the order to show cause and the papers having been filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated October 15, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]); and it is further,

ORDERED that the cross-appeal is deemed to be an appeal from the order, and pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]), the appeal by J.H. in the above-entitled action shall be perfected within 90 days of the date of this order; and it is further,

ORDERED that if J.H. does not perfect the appeal within 90 days of the date of this scheduling order, the Clerk of this Court shall issue an order to all parties to the appeal to show cause why the appeal should or should not be dismissed.

GENOVESI, J.P., WAN, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court