Appellate Division: Second Judicial Department

M67453

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-3121 In the Matter of Elizabeth DeMichiel, appellant, Stephen DeMichiel, respondent. (Proceeding No. 1) In the Matter of Stephen DeMichiel, appellant, Elizabeth DeMichiel, respondent. (Proceeding No. 2) (Docket Nos. V-6144/06, V-6045/06, V-6146/06, V-10846/06, V-10847/06 V-10848/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Westchester County, dated March 1, 2007, to direct the Family Court, Westchester County, to conduct a reconstruction hearing concerning the minutes of the proceedings which occurred on the morning of January 4, 2007, 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 matter is referred to the Family Court, Westchester County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled matters before Judge Colleen Duffy on the morning of January 4, 2007; 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 appellant's counsel. The appellant's 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 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.

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court