Appellate Division: Second Judicial Department

M104128

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-04077 In the Matter of Shelley Jenkins, respondent, v Milton Bailey, appellant. (Docket No. F-12639-08)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from an order of the Family Court, Nassau County, dated March 18, 2009, for a reconstruction hearing concerning the proceedings which occurred in the Family Court, Nassau County, in the above-entitled matter on January 20, 2009, and, in effect, to waive the filing fee, for free transcripts, and for the assignment of counsel.

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 branch of the motion which is for a reconstruction hearing is granted, and the matter is referred to the Family Court, Nassau County, for a reconstruction hearing with respect to the minutes of the proceedings on January 20, 2009, and the parties shall notify this court expeditiously when the reconstruction hearing is completed; 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; and it is further,

ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied.

DILLON, J.P., MILLER, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court