Opinion
March 29, 1971
In a condemnation proceeding, the claimant appeals from a final decree of the Supreme Court, Suffolk County, entered May 28, 1970, which awarded him $33,155 plus interest. Case remitted to the Special Term for further proceedings not inconsistent with the views herein set forth; and determination of appeal held in abeyance in the interim. We are unable to review the decree since the Special Term failed to comply with the mandate of CPLR 4213 (subd. [b]) that "The decision of the court * * * shall state the facts it deems essential." It is the rule that it is the trial court's function and responsibility to translate its conclusions into intelligible form by a decision adequate to permit intelligent judicial review ( Conklin v. State of New York, 22 A.D.2d 481). In the case at bar the Special Term failed to indicate the rationale and factual basis of its decision and thus we have no way of determining how, and on what basis, it determined that the proper award should be $33,155. Thus, until we are presented with a proper decision, we cannot review the decree. Rabin, P.J., Munder, Martuscello, Shapiro and Gulotta, JJ., concur.