Brophy v Big Brothers Big Sisters of America, Inc.
Motion No: 2025-03524
Slip Opinion No: 2025 NY Slip Op 79899(U)
Decided on November 5, 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

M309140

AFA/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

PHILLIP HOM

ELENA GOLDBERG VELAZQUEZ, JJ.

2025-03524

Richard Brophy, respondent, v Big Brothers

Big Sisters of America, Inc., appellant, et al.,

defendant.

(Index No. 66934/2019)

DECISION & ORDER ON MOTION

Appeal by Big Brothers Big Sisters of America, Inc. from an order of the Supreme Court, Westchester County, dated January 21, 2025. By order to show cause dated August 20, 2025, 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 matter for failure to comply with a scheduling order dated April 7, 2025, issued pursuant to § 670.3(b)(4) of the rules of this Court (22 NYCRR 670.3[b][4]).

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 August 20, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][4]).

DUFFY, J.P., WOOTEN, HOM and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court