Appellate Division: Second Judicial Department

M295467

AFA/

HECTOR D. LASALLE, P.J.

JOSEPH J. MALTESE

LARA J. GENOVESI

LAURENCE L. LOVE, JJ.

2023-08073 John Doe, respondent, v County of Nassau, et al., appellants, et al., defendants. (Index No. 900178/2020)

DECISION & ORDER ON MOTION

Appeal by County of Nassau and separate appeal by Nassau University Medical Center and Nassau Healthcare Corporation from an order of the Supreme Court, Nassau County, dated June 16, 2023. By order to show cause dated February 14, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with a scheduling order dated November 1, 2023, issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]). Application by the appellant County of Nassau to withdraw its appeal.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeal by County of Nassau is deemed withdrawn; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal insofar as taken by County of Nassau is denied as academic; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal insofar as taken by Nassau University Medical Center and Nassau Healthcare Corporation is granted, and the appeal by Nassau University Medical Center and Nassau Healthcare Corporation is dismissed, without costs or disbursements, for failure to comply with the scheduling order dated November 1, 2023, issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]).

LASALLE, P.J., MALTESE, GENOVESI and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court