Strictly Ballroom Dance Studio, LLC v Stinson
Motion No: 2008-05814
Slip Opinion No: 2009 NYSlipOp 63721(U)
Decided on February 18, 2009
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

M82577

S/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

JOHN M. LEVENTHAL, JJ.

2008-05814

Strictly Ballroom Dance Studio, LLC, appellant,

v William F. Stinson, respondents.

(Index No. 04-4545)

DECISION & ORDER ON MOTION

Appeal by the plaintiff from a judgment of the Supreme Court, Orange County, dated June 18, 2008. By decision and order on motion dated September 4, 2008, the appellant was directed to settle the transcript and either (1) advise the court, in writing, that the transcript requires no corrections, (2) make changes to the trial transcripts contained in the copies of the record filed with the Clerk of the court, or (3) serve and file a supplemental record containing an errata sheet reflecting the corrections to the trial transcript, on or before September 23, 2008. The appellant has not complied with the above directives and has not sought an extension of time.

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

ORDERED that the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order of this court dated September 4, 2008.

MASTRO, J.P., RIVERA, FISHER and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court