Appellate Division: Second Judicial Department

M94086

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2009-03176 In the Matter of Broney Gadman, appellant, v Julie Malone, respondent. (Docket No. U-16711-08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Family Court, Suffolk County, dated March 2, 2009, on the ground that the record is inadequate and the trial transcript was not settled.

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 on or before November 20, 2009, the respondent shall provide the appellant with any corrections to the transcript or notify the appellant and the court that no corrections are necessary; and it is further,

ORDERED that if the parties agree on the proposed changes, on or before December 7, 2009, the appellant shall serve and file a supplemental record containing an errata sheet; and it is further,

ORDERED that if the parties cannot agree on any proposed changes to the transcript the appellant shall make a motion to settle the transcript in the Family Court, Suffolk County, on or before December 7, 2009, and shall notify this court accordingly; and it is further,

ORDERED that on or before December 7, 2009, the appellant shall serve and file a supplemental record containing the following:

(1) rebuttal to objections dated February 19, 2009;

(2) certified birth record dated July 29, 2008; and

(3) order of the Manchester County Court dated November 24, 2008, with apostille

and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until January 19, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

FISHER, J.P., SANTUCCI, COVELLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court