| Matter of Wiley v Dawson |
| Motion No: 2009-09416 |
| Slip Opinion No: 2010 NY Slip Op 78444(U) |
| Decided on July 30, 2010 |
| 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
M106370
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2009-09416, 2009-09418, 2009-09419, 2009-09420 In the Matter of Susan Wiley, respondent, v Roger Dawson, appellant. (Docket No. F-3872-03)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from an order of the Family Court, Westchester County, dated August 31, 2009 (Appellate Division Docket No. 2009-09416), and three orders of the same court, all dated July 8, 2009 (Appellate Division Docket Nos. 2009-09418, 2009-09419, 2009-09420), in effect, for summary reversal and for a reconstruction hearing.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the matter is referred to the Family Court, Westchester County, for a reconstruction hearing with respect to the minutes of the proceedings on December 10, 2008, and May 29, 2009, or verification that no proceedings occurred on May 29, 2009; 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 attorney for the child, if any, when counsel serves the appellant's brief upon those parties; 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 motion is otherwise denied.
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court