Cash v. Maggio

OPINION OF THE COURT

Robert B. Wiggins, J.

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This is a justice court appeal that was calendared for control to determine whether the appeal should be dismissed for failure to prosecute. This matter was originally brought by claimant-respondent, Tanya Cash, in the Conesus Town Court to recover a security deposit allegedly owed by defendant-appellant, Sheryle Maggio. Following two days of hearing, the Conesus Town Court entered a judgment on May 23, 2012 in favor of plaintiff in the amount of $600. Notably, the hearings were not recorded by a stenographer, but, rather, an electronic audio…