Appellate Division: Second Judicial Department

M67515

E/nl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON

2007-04052, 2007-04056, 2007-04068 In the Matter of Andrea Lace S.-H. (Anonymous), a/k/a Andrea S.-H. (Anonymous). SCO Family of Services, et al., respondents; Andrew M. H. (Anonymous), appellant. (Proceeding No. 1) In the Matter of Dina Michelle S.-H. (Anonymous), a/k/a Dina S.-H. (Anonymous). SCO Family of Services, et al., respondents; Andrew M. H. (Anonymous), appellant. (Proceeding No. 2) In the Matter of Andrew Joseph S.-H. (Anonymous), a/k/a Andrew S.-H. (Anonymous). SCO Family of Services, et al., respondents; Andrew M. H. (Anonymous), appellant. (Proceeding No. 3) (Docket Nos. B-1170-98, B-1171-98, B-1172-98)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Family Court, Queens County, all dated March 30, 2007, to direct the Family Court, Queens County, to conduct a reconstruction hearing concerning the minutes of proceedings that occurred on September 9, 1998, September 10, 1998, January 19, 1999, January 28, 1999, May 18, 1999, November 17, 1999, December 8, 1999, February 6, 2001, June 25, 2001, August 9, 2001, and May 6, 2003, in the above-entitled matters.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled matter on September 9, 1998, September 10, 1998, January 19, 1999, January 28, 1999, May 18, 1999, November 17, 1999, December 8, 1999, February 6, 2001, June 25, 2001, August 9, 2001, and May 6, 2003; and it is further,

ORDERED that the Family Court, Queens County, shall commence the reconstruction hearing on or before March 24, 2008, and the reconstruction hearing shall continue day-to-day until completed; or, if the above-referenced proceedings cannot be reconstructed, the Family Court shall immediately notify this court in writing of that fact; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required to make and certify two transcripts of the reconstruction hearing (22 NYCRR 671.9), within 14 days after the reconstruction hearing is 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 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., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court