| Powers v City of New York |
| Motion No: 2025-00725 |
| Slip Opinion No: 2025 NY Slip Op 83236(U) |
| Decided on December 26, 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. |
Appellate Division: Second Judicial Department
M310298
AFA/
CHERYL E. CHAMBERS, J.P.
HELEN VOUTSINAS
CARL J. LANDICINO
LAURENCE L. LOVE, JJ.
|
2025-00725 John Powers, appellant, v City of New York, respondent, et al., defendants. (Index No. 900098/2021)
| DECISION & ORDER ON MOTION |
Appeal by John Powers from an order of the Supreme Court, Nassau County, dated November 26, 2024. 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 action for failure to comply with a scheduling order dated January 24, 2025, 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 January 24, 2025, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
CHAMBERS, J.P., VOUTSINAS, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court