In this action which was returnable in 1974, the plaintiffs, Toni Grunschlag and Rosi Grunschlag seek money damages because of the consequences allegedly arising out of the defendants’ notice not to renew the plaintiffs’ annual contract at the defendant school where they had been members of the music faculty.
Because of the inadequacy of the record presented to us on this appeal, we have, in our present disposition set out below, taken judicial notice of the Superior Court file in this case. (See Docket No. 10552,
Grunschlag et al.
v.
Ethel Walker School, Inc., et al.,
Judicial District of Hartford-New Britain.) “There is no question . . . concerning our power to take judicial notice of files of the Superior Court, whether the file is from the case at bar or otherwise.”
Karp
v.
Urban Redevelopment Commission,
A number of the factual allegations which appeared in this motion also appear in the “Statement of the Facts” in the plaintiff’s brief; and the defendants claim that “not one of the ten paragraphs of plaintiff’s ‘Statement of the Facts’ was properly supported in the record presented to [this] court by the plaintiff.” (Emphasis in original.) The defendants do, however, concede that a portion of one paragraph of this statement of facts is supported by the transcript of the “court’s *319 weekly docket list call” which has been filed by them, i.e., that the case was specially assigned on April 8, 1980, for June 10, 1980.
The plaintiff’s “statement of facts” asserts as facts, inter alia, the following: On June 3, 1980, the plaintiff’s counsel conferred with the presiding judge in chambers 2 and requested that the trial be postponed because most of the plaintiff’s witnesses would be unavailable on June 10 as they were employed in the academic field and had already dispersed for summer recess. He asserts that the judge granted his request and reassigned the case for trial on September 9, 1980, and so marked his assignment list. The plaintiff’s counsel claims that on the morning of June 9, 1980, the defendants’ counsel telephoned him, informing him that the presiding judge requested his immediate appearance in chambers. He complied, and the judge ordered him to be prepared to begin trial on the morning of June 10, 1980, or suffer a judgment of dismissal for failure to comply with this order. Despite the “protestations” of the plaintiff’s counsel and his reference to the “reassignment date of September 9, 1980,” the order to proceed on June 10, 1980, was not changed. Because, according to the plaintiff’s counsel, he was unable to commence trial on June 10, 1980, the presiding judge, Hendel, J., “sua sponte,” rendered a judgment of dismissal on that date. None of these “facts” 3 is properly in the record before us except that the judgment of dismissal was rendered on June 10, 1980.
*320
From what we have said, it is clear that the record before us is quite inadequate to permit our determination of the issue presented. It is the burden of the plaintiff-appellant, utilizing the rules of practice, to present us with a proper record on the basis of which we can, in fairness to all the parties, determine the appeal. She has not carried this burden. In that regard, she has never moved either in the trial court or in this court for a further - articulation of the basis of the trial court’s decision. Practice Book §§ 3082, 3060D. "We have said that “[t]his court cannot resort to matters extraneous to the formal record, to facts which have not been found and which are not admitted in the pleadings or exhibits which are not part of the record.” (Citations omitted.)
Rybinski
v.
State Employees’ Retirement Commission,
The case is remanded with direction to deliver the file to the judge, Hendel, J., who entered the judgment of dismissal with direction for an articulation of his decision. 4
Notes
The defendants have filed a transcript which concerns the action of the court, Hendel, J., on March 4, 1980 and April 8, 1980 in open court in this ease.
In oral argument before us it appeared that the defendants’ counsel was not present at that time although he argues that the court apparently undertook to have the defendants’ counsel notified of the claimed change in the trial date,
We have not set out all those “facts” in the statement of facts in the plaintiff’s brief that are not properly of record.
We note from the Superior Court file that upon the plaintiff’s filing of her “Motion to Set Aside Dismissal,” the defendants filed their “Objection to Motion to Sot Aside Dismissal and Motion to Refer.” In this objection, the defendants, inter alia, alleged that Judge Hendel “is intimately familiar with the facts” and they moved that “pursuant to the order of Judge Hendel at the time of entering the Judgment of Dismissal that plaintiff’s motion be referred to Judge Hendel for decision.” (Superior Court File No. 10552.)
