Appellate Division: Second Judicial Department

M49080

E/sl

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2006-06019 In the Matter of John Horan, respondent, v Veronica Framolaro, appellant. (Docket No. V-06635/05)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated June 5, 2006, to direct the transcription of any proceedings which occurred in the Family Court, Sullivan County, in connection with this proceeding.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the order on certification of this court dated August 14, 2006, which granted poor person relief to the appellant is amended to include a direction to the court reporter and/or the transcription service(s) to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred in the Family Court, Sullivan County, in connection with this proceeding, if they are available; and it is further,

ORDERED that the stenographer and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, Queens County, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court, Queens County, and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the Law Guardian, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the appellant's assigned counsel is directed to serve a copy of this decision and order on motion on the Clerk of the Family Court, Queens County, as well as on the Clerk of the Family Court, Sullivan County.

MILLER, J.P., SPOLZINO, RITTER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court