| McKenzie, Alfred v Damazio, Akanni |
| Motion No: 570138/17 |
| Slip Opinion No: 2018 NY Slip Op 77335(U) |
| Decided on July 10, 2018 |
| Appellate Term, First 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. |
July 10, 2018
McKenzie, Alfred v Damazio, Akanni
It is Ordered that the motion is granted to the extent of directing Civil Court to resettle the transcript of the trial proceedings (see CPLR 5525[c][1]); and
It is further Ordered that the stay and use and occupancy payment provisions contained in this court's March 21, 2017 order shall continue until further order of this court.
As we previously indicated, the trial transcript previously settled by the trial court contained numerous, uncorrected "inaudible" gaps in the testimony of each witness (see McKenzie v Damazio, 57 Misc 3d 156[A], 2017 NY Slip Op 51627[U] [App Term, 1st Dept 2017). We therefore direct the trial court to resettle the transcript in such manner as the Court, in its discretion, determines to be proper in order to reconstruct the missing portions of the testimony (see People v Bethune, 29 NY3d 539 [2017]). Trial judges are responsible to elucidate what originally took place before them and are charged with passing on the accuracy of the proceedings before them (see generally People v Santorelli, 95 NY2d 412, 424 [2000]).
By: Shulman, P.J., Ling-Cohan, Cooper, J.J.
Motion No. 570138/17