Appellate Division: Second Judicial Department

M63760

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

MARK C. DILLON, JJ.

2006-10361 In the Matter of Mayra Gonzalez, appellant, v Christopher Gonzalez, respondent. (Docket Nos. V-3259-99, V-3260-99)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated October 18, 2006, (1) to enlarge the judgment roll to include the transcripts of the proceedings in the Family Court, Westchester County, under Docket No. V-44993-93/06D, for the dates August 14, 2006, September 5, 2006, and September 6, 2006, and the transcript for any additional hearing dates under the above docket number for the period between September 1, 2006, through October 18, 2006, and (2) to enlarge the time to perfect the appeal.

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 decision and order on motion of this court dated January 17, 2007, 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, Westchester County, under Docket No. V-44993-93/06D, for the dates August 14, 2006, September 5, 2006, and September 6, 2006, and any additional hearing dates for the period between September 1, 2006, through October 18, 2006, 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, Westchester 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, Westchester 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, Westchester County; and it is further,

ORDERED that 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 the brief on the appeal is enlarged until February 13, 2008.

SCHMIDT, J.P., SANTUCCI, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court