Appellate Division: Second Judicial Department

M69634

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ROBERT A. LIFSON, J.P.

DAVID S. RITTER

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2007-04525 In the Matter of Ann Kelly, respondent, v Gerald Johnson, appellant. (Docket No. F-8476/06)

DECISION & ORDER ON MOTION

Motion by the appellant "to re-hear the petition" on an appeal from an order of the Family Court, Nassau County, dated March 30, 2007.

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

ORDERED that the motion is granted to the extent that the matter is referred to the Family Court, Nassau County, for a reconstruction hearing with respect to the proceedings conducted in the above-entitled matter, with leave to seek summary reversal if reconstruction is not possible, and the motion is otherwise denied; and it is further,

ORDERED that the Family Court, Nassau County, shall commence the reconstruction hearing on or before May 29, 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 attorney for the child, 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.

LIFSON, J.P., RITTER, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court