Kay v. Kay

The trial stenographer having died, the parties may make a record on appeal from the testimony of witnesses, as disclosed by affidavits or otherwise, and the judgment roll, and settle the record on appeal before the Trial Justice, with the aid of his minutes. (See 6 Carmody on New York Practice, § 256, p. 201, and Walker v. Baermann, 44 App. Div. 587.) Present — -Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ.