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BRANDENBURG v. BRANDENBURG

188 A.D.2d 368 (1992)

Diana Brandenburg, Respondent, v. Brent Brandenburg, Appellant

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

December 10, 1992

It is the duty of the Trial Judge to settle the transcript, or, if the stenographer's minutes are lost, a statement in lieu of a transcript pursuant to CPLR 5525 (d) in accordance with her recollection of what transpired at the trial. The Trial Judge's recollection may be supplemented or aided by affidavits offered by the parties after notice of settlement is given, but it is her recollection that must ultimately control (Cassella...

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