Opinion
2004-1196 S C.
Decided September 20, 2005.
Appeal from a judgment of the District Court of Suffolk County, Third District (C. Steven Hackeling, J.), entered December 8, 2003. The judgment awarded plaintiff the principal sum of $11,630, which included a $1,270 offset for the monies awarded to defendant on his counterclaim, and dismissed the third-party complaint.
Appeal held in abeyance and matter remanded to the court below for a reconstruction of the trial testimony which took place on May 5, 2003.
PRESENT: RUDOLPH, P.J., ANGIOLILLO and TANENBAUM, JJ.
The record on appeal includes transcripts of those portions of the trial which took place on April 29, 2003, June 16, 2003 and November 6, 2003. However, it does not include that part of the trial which took place on May 5, 2003. The affidavit of the court transcriber states that the tape of that day was inaudible and therefore could not be transcribed. Accordingly, the appeal is held in abeyance and the matter is remanded to the court below for a reconstruction hearing.