Schmidt v Capone
Motion No: 2022-03821
Slip Opinion No: 2025 NY Slip Op 79044(U)
Decided on October 22, 2025
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

M308778

AFA/

ROBERT J. MILLER, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2022-03821

John Schmidt, Jr., appellant-respondent,

v Barbara M. Capone, etc., et al., respondents-

appellants, Arleen Kropf, etc., respondent,

et al., defendants.

(Index No. 717310/2021)

DECISION & ORDER ON MOTION

Appeal and cross-appeals from an order of the Supreme Court, Queens County, dated April 25, 2022. Motion by the appellant-respondent, in effect, to enlarge the record to include certain material.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MILLER, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court