| Matter of Bonilla v Amaya |
| Motion No: 2006-08882 |
| Slip Opinion No: 2007 NYSlipOp 82613(U) |
| Decided on November 1, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M62005
E/sl
GLORIA GOLDSTEIN, J.P.
MARK C. DILLON
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2006-08882 In the Matter of Victor Bonilla, appellant, v Ana Amaya, respondent. (Proceeding No. 1)
(Docket No. V-13532/05) In the Matter of Ana Amaya, respondent, v Victor Bonilla, appellant. (Proceeding No. 2) (Docket No. V-4266/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Nassau County, dated August 28, 2006, to remand the matter to the Family Court, Nassau County, "for new proceedings ab initio" on the ground that the record is inadequate to review the order appealed from.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the court's own motion, the matter is referred to the Family Court, Nassau County, for a reconstruction hearing with respect to the missing portions of the trial testimony; and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the reconstruction hearing, once said hearing has been completed, in the case of stenographers, both transcripts shall be filed with the Clerk of the Family Court, 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 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 appellant's counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the court from which the appeal is taken.
GOLDSTEIN, J.P., DILLON, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court