Appellate Division: Second Judicial Department

M48065

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

MARK C. DILLON, JJ.

2006-04744 In the Matter of Kolien Thompson, a/k/a Kolien Richmond, a/k/a Kolien Perez, respondent, v Robert Perez, appellant. (Docket No. F-03802/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Dutchess County, dated March 27, 2006, inter alia, to direct the stenographer and/or the transcription service to transcribe the minutes of the hearing held on July 25, 2005 and July 26, 2005, and to direct the respondent to supply certain documents to the appellant's assigned counsel. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the application, and the papers filed in relation to the motion, it is

ORDERED that the branch of the motion which is to direct the stenographer and/or the transcription service to transcribe the minutes of the hearing held on July 25, 2005 and July 26, 2005, is granted, and the decision and order on motion of this court dated September 11, 2006, which granted poor person relief to the appellant is amended to include a direction to the court reporter and/or the transcription service to make, certify and file two transcripts of the stenographic minutes of the hearing which occurred on July 25, 2005 and July 26, 2005, if they are available; and it is further,

ORDERED that the stenographer and/or the transcription service is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that the branch of the motion which is to direct the respondent to supply the appellant's assigned counsel with certain documents is granted to the extent that on or before January 2, 2007, the respondent is directed to supply the appellant's assigned counsel with the items listed in paragraph C(1) through (5) of the affirmation of Carol Kahn dated October 27, 2006, if available, with leave to the appellant to move to resettle or reconstruct the record if the material is unavailable and that branch of the motion is otherwise denied; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 5, 2007.

CRANE, J.P., RIVERA, LIFSON and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court