Newton v Saint Josephs Medical Center
2026 NY Slip Op 69282(U)
May 29, 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.
Ebony Newton, appellant,
v
Saint Joseph's Medical Center, et al., respondents.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 29, 2026
2025-07769, 151751/2023
Lara J. Genovesi, J.P.
Barry E. Warhit
Donna-Marie E. Golia
Phillip Hom, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Richmond County, dated June 13, 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 proceedings for failure to comply with a scheduling order dated July 9, 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 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 July 9, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
GENOVESI, J.P., WARHIT, GOLIA and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court