Opinion
Motion No. 2021-08609 Index No. 517618/2021
06-17-2022
John Schmid, appellant, v. Roman Catholic Diocese of Brooklyn, et al., respondents.
Unpublished Opinion
MOTION DECISION
M283537
COLLEEN D. DUFFY, J.P. VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal by John Schmid from an order of the Supreme Court, Kings County (Part CVA-R), dated October 26, 2021. By order to show cause dated April 25, 2022, 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 December 22, 2021, 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 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 December 22, 2021, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]).
DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.