Define v. Tots-N-Us Nursery Sch. & Tanya Mortensen

Full title: Danielle Define, Appellant, v. Tots-N-Us Nursery School and Tanya…

Court: Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Jan 25, 2019

2019 N.Y. Slip Op. 62105 (N.Y. App. Term 2019)

Opinion

Motion No: 2016-01320 DC

01-25-2019

Danielle Define, Appellant, v. Tots-N-Us Nursery School and Tanya Mortensen, Respondents.

THOMAS A. ADAMS, P.J.

JERRY GARGUILO

TERRY JANE RUDERMAN, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of the Justice Court of the Town of East Fishkill, Dutchess County, entered April 4, 2016. By decision and order on motion of this court dated April 25, 2017, the appeal was stricken from this court's appeals calendar and general calendar because the transcript, which had been certified as correct, contained only the odd-numbered pages. The appeal was dismissed by order of this court dated October 16, 2017, and appellant's motion to vacate the dismissal was granted by decision and order on motion of this court dated March 14, 2018. However, it appears that the record has never been returned to this court.

Now, on the court's own motion, it is

ORDERED that the appeal is again stricken from the appeals calendar and the general calendar until such time as the original record or a reconstructed record is transmitted to this court.

ENTER:

Paul Kenny

Chief Clerk