Appellate Division: Second Judicial Department

M83162

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2008-07242 In the Matter of James R. Yasus, respondent- appellant, v Dana E. Yasus, respondent-appellant; Adrienne Flipse Hausch, nonparty-appellant- respondent. (Proceeding No. 1) In the Matter of Dana E. Yasus, respondent-appellant, v James R. Yasus, respondent-appellant; Adrienne Flipse Hausch, nonparty-appellant-respondent. (Proceeding No. 2) (Docket Nos. V-2210-06, V-2211-06)

DECISION & ORDER ON MOTION

Motion by the attorney for the children on an appeal and cross appeals from an order of the Family Court, Nassau County, dated June 23, 2008, to enlarge the record to include the transcripts of the minutes of the proceedings on December 30, 2005, February 2, 2006, February 3, 2006, and February 9, 2006, in a proceeding entitled Matter of Yasus v Yasus, commenced in the Family Court, Albany County.

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 on or before April 2, 2009, the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the minutes of the proceedings which occurred before the Family Court, Albany County, in a proceeding entitled Matter of Yasus v Yasus on December 30, 2005, February 2, 2006, February 3, 2006, and February 9, 2006, if available, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, the 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 attorney for the children, without cost; in the case of transcription service(s), one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the attorney for the children. The attorney for the children is directed to provide copies of said transcripts to all of the other parties to the appeal and cross appeals, when counsel serves a brief upon those parties; and it is further,

ORDERED that the attorney for the children shall serve copies of this decision and order on motion on the clerk of the Family Court, Westchester County, and the clerk of the Family Court, Albany County; and it is further,

ORDERED that the attorney for the children shall serve and file her brief on or before May 4, 2009; and it is further,

ORDERED that James R. Yasus shall serve and file his brief on or before June 3, 2009; and it is further,

ORDERED that Dana E. Yasus shall serve and file her brief on or before July 2, 2009; and it is further,

ORDERED that the attorney for the children shall serve and file her reply brief on or before August 3, 2009; and it is further,

ORDERED that James R. Yasus and Dana E. Yasus shall serve and file their reply briefs on or before August 24, 2009.

FISHER, J.P., FLORIO, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court