| Danielle Define v Tots-n-us Nursery Sch. & Tanya Mortensen |
| Motion No: 2016-01320 DC |
| Slip Opinion No: 2019 NY Slip Op 62105(U) |
| Decided on January 25, 2019 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| Danielle Define, Appellant, v Tots-N-Us Nursery School and Tanya Mortensen, Respondents. |
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