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MATTER OF INC. VILL. OF BABYLON

36 A.D.2d 768 (1971)

In the Matter of The Incorporated Village of Babylon, Respondent, Relative to Acquiring Title to Real Property on Carll Avenue for Public Parking. Ralph H. Honsberger, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 29, 1971

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...

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