| Suffern Partners, LLC v Continental Kosher Catering Inc. |
| Motion No: 2020-00995 ROC |
| Slip Opinion No: 2021 NY Slip Op 72026(U) |
| Decided on September 21, 2021 |
| 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
TERRY JANE RUDERMAN, P.J.
TIMOTHY S. DRISCOLL
HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
| Suffern Partners, LLC, Respondent, v Continental Kosher Catering Inc., Appellant. |
Motion by appellant to direct the Justice Court to reconstruct the minutes of the trial and to hold the appeal in abeyance pending a reconstruction hearing, on an appeal from a judgment of the Justice Court of the Town of Ramapo, Rockland County, entered August 25, 2020.
Upon the papers filed in support of the motion and the papers having been filed in opposition thereto, it is
ORDERED that the motion to direct the Justice Court to reconstruct the minutes of the trial is granted, and the Justice Court shall hold a reconstruction hearing within 30 days of the date of this decision and order on motion; and it is further
ORDERED that in the event the Justice Court is unable to reconstruct the minutes, the clerk shall prepare the minutes of the proceedings within 45 days of the date of this decision and order on motion, such minutes to consist of a statement sufficiently descriptive of the testimony to make possible appellate review (see, UJCA § 1704 [a][1]); and it is further
ORDERED that the appeal is held in abeyance pending a report from the Justice Court.
ENTER:
Paul Kenny
Chief Clerk