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MATTER REVOCATION RESTAURANT LIQUOR LICENSE NO. R-6703 AND SUNDAY SALES PERMIT NO. SS-67. DUQUESNE PUB v. COMMONWEALTH PENNSYLVANIA (02/18/82)

decided: February 18, 1982.

IN RE: MATTER OF REVOCATION OF RESTAURANT LIQUOR LICENSE NO. R-6703 AND SUNDAY SALES PERMIT NO. SS-67. DUQUESNE PUB, INC., SANDRONI'S PUB
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD. COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA LIQUOR CONTROL BOARD, APPELLANT



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of In Re: Matter of Revocation of Restaurant Liquor License, No. R-6703 and Sunday Sales Permit No. SS-67, Duquesne Pub, Inc., Sandroni's Pub, No. SA 117 of 1981.

COUNSEL

J. Leonard Langan, Chief Counsel, for appellant.

William D. Anthony, Luke & Anthony, for appellee.

President Judge Crumlish and Judges Rogers and Craig, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Palladino did not participate in the decision in this case.

Author: Crumlish

[ 64 Pa. Commw. Page 567]

The Duquesne Pub, Inc. (Pub) petitions to quash an appeal by the Liquor Control Board (LCB or Board) from an Allegheny County Common Pleas Court order. We dismiss the petition.

Pub's license was suspended for Liquor Code*fn1 violations. The Common Pleas Court vacated the suspension and imposed a fine, which the Board appealed here. When the official court reporter failed to transcribe the notes of testimony,*fn2 the Commonwealth Court Prothonotary sent a delinquency notice to the trial court judge*fn3 since the lower court clerk could not

[ 64 Pa. Commw. Page 568]

    transmit a complete record to this Court.*fn4 The trial judge then ordered the LCB to arrange for the transcription and payment of the testimony transcript.*fn5 When the Board did not comply, the Pub petitioned this Court to quash the appeal. The Board argues that the lower court must arrange for the transcription and that Allegheny County must bear the costs for the original transcript.

It is well established that stenographic notes of testimony must be taken in any trial of fact, at law or in equity. Bonds v. Ohio River Co., 220 Pa. Superior Ct. 9, 11, 275 A.2d 883 (1971). Pa. R.A.P. 1922(a) requires the official court reporter to transcribe the testimony notes and to lodge the transcript with the lower court clerk within fourteen (14) days after the appeal notice is received. Pa. R.A.P. 1931 requires the trial court judge to cause the court reporter to comply with Rule 1922.

Stenographers are recognized as part of the judicial machinery, and therefore it is the court's obligation to assure that the reporter's duties are performed without delay. Commonwealth v. Ezell, 212 Pa. 293, 61 A. 930 (1905). The trial judge is expected to employ the sanctions necessary to assure the orderly administration of justice. Commonwealth v. Morgan, 469 Pa. 35, 38 n. 2, 364 A.2d 891, 892 n. 2 (1976) (per curiam). The Pennsylvania Rules of Appellate Procedure recognize

[ 64 Pa. Commw. Page 569]

    that it is inappropriate for counsel for the losing party below to be responsible for goading the court reporter to transcribe the ...


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