Appellate Division: Second Judicial Department

M73942

S/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOSEPH COVELLO

ARIEL E. BELEN, JJ.

2008-02482 In the Matter of Samuel Thomas A. (Anonymous). SCO Family of Services, et al., petitioners- respondents; Kasey A. (Anonymous), appellant; Wendy Y. (Anonymous), intervenor-respondent. (Docket No. B-7614-06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated February 26, 2008, to direct the Family Court, Queens County, to conduct a reconstruction hearing concerning the minutes of the proceedings which occurred before the Family Court, Queens County on November 15, 2006, and those portions of the minutes which occurred at the dispositional hearing on January 23, 2007, to the extent that the minutes cannot be transcribed.

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

ORDERED that the branch of the motion which is for a reconstruction hearing concerning those portions of the minutes which occurred at the dispositional hearing on January 23, 2007, to the extent that the minutes cannot be transcribed is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the above-referenced minutes; 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 branch of the motion which is for a reconstruction hearing with respect to the minutes of November 15, 2006, is denied; 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.

RIVERA, J.P., MILLER, COVELLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court