Appellate Division: Second Judicial Department

M62769

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

WILLIAM E. McCARTHY, JJ.

2006-10347, 2006-10348 In the Matter of Marlon H. (Anonymous), appellant. (Docket Nos. D-11660/06, D-27561/05)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from two orders of the Family Court, Kings County, both dated October 19, 2006, and to direct the Family Court, Kings County, to conduct a reconstruction hearing concerning the minutes of the proceedings which occurred on June 20, 2006, in the above-entitled matters.

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 granted; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is granted, and the parties shall file 10 copies of their respective briefs; and it is further,

ORDERED that the matter is referred to the Family Court, Kings County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled case before Judge Daniel Turbow on June 20, 2006; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two typewritten transcripts of the stenographic minutes of the reconstruction hearing, once said hearing has been completed, and the Clerk of the trial court shall furnish one of those certified transcripts to the appellant's counsel, without charge; assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,

ORDERED that appellant's counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

RIVERA, J.P., SPOLZINO, RITTER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court