Kessler v Roman Catholic Diocese of Brooklyn
2026 NY Slip Op 67505(U)
May 1, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Joseph Kessler, respondent,
v
Roman Catholic Diocese of Brooklyn, appellant, et al., defendants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 1, 2026
2025-11787, 520629/2021
Angela G. Iannacci, J.P.
Linda Christopher
Helen Voutsinas
Phillip Hom, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings 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 1, 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 no 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 1, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
IANNACCI, J.P., CHRISTOPHER, VOUTSINAS and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court