S. v Waldorf School of Garden City
Motion No: 2022-00580
Slip Opinion No: 2023 NY Slip Op 62955(U)
Decided on March 6, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M287711

AFA/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

BARRY E. WARHIT, JJ.

2022-00580

T. S., respondent, v Waldorf School of

Garden City, appellant.

(Nassau County Index No. 900062/2021)

DECISION & ORDER ON MOTION

Appeal by Waldorf School of Garden City from an order of the Supreme Court, Nassau County (Part CVA-R), dated December 21, 2021. By order to show cause dated January 6, 2023, 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 June 29, 2022, 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 June 29, 2022, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court