| Schmid v Roman Catholic Diocese of Brooklyn |
| Motion No: 2021-08609 |
| Slip Opinion No: 2022 NY Slip Op 67677(U) |
| Decided on June 17, 2022 |
| Appellate Division, Second Department, Motion Decision |
| 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. |
Appellate Division: Second Judicial Department
M283537
AFA/
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2021-08609 John Schmid, appellant, v Roman Catholic Diocese of Brooklyn, et al., respondents. (Index No. 517618/2021)
| DECISION & ORDER ON MOTION |
Appeal by John Schmid from an order of the Supreme Court, Kings County (Part CVA-R), dated October 26, 2021. By order to show cause dated April 25, 2022, 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 December 22, 2021, 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 December 22, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court