| Tenaglia v Tenaglia |
| Motion No: 2008-02453 |
| Slip Opinion No: 2008 NYSlipOp 82378(U) |
| Decided on September 11, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M75583
E/sl
STEVEN W. FISHER, J.P.
EDWARD D. CARNI
WILLIAM E. McCARTHY
ARIEL E. BELEN, JJ.
|
2008-02453 Denise DeNobile Tenaglia, respondent, v Joseph Tenaglia, appellant. (Index No. 27991/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, entered January 29, 2008, in effect, for summary reversal on the ground that certain minutes of the trial proceedings cannot be transcribed or for a reconstruction hearing, and for leave to renew his prior motion to stay enforcement of the judgment pending hearing and determination of the appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for a reconstruction hearing is granted, and the matter is referred to the Supreme Court, Suffolk County, for a reconstruction hearing with respect to the proceedings which occurred on September 29, 2006, October 5, 2006, October 12, 2006, November 1, 2006, November 29, 2006, and November 30, 2006, in the above-entitled case; and it is further,
ORDERED that the appellant is directed to serve a copy of this order on the Clerk of the court from which the appeal is taken; and it is further,
ORDERED that the parties shall immediately advise this court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; and it is further,
ORDERED that the branch of the motion which is, in effect, for summary reversal on the ground that certain minutes of the trial proceedings cannot be transcribed is denied, with leave to renew if reconstruction cannot be accomplished; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is denied with leave to renew after the reconstruction hearing is completed.
FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court