Verardi v Maryhaven Center of Hope, Inc.
Motion No: 2024-03004
Slip Opinion No: 2024 NY Slip Op 79919(U)
Decided on December 9, 2024
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

M301313

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

DONNA-MARIE E. GOLIA, JJ.

2024-03004

Mary Verardi, etc., et al., appellants,

v Maryhaven Center of Hope, Inc., et al.,

respondents.

(Index No. 616239/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 29, 2023. By order to show cause dated October 18, 2024, 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 April 29, 2024, 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 April 29, 2024, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).

IANNACCI, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court