Appellate Division: Second Judicial Department

M107368

E/sl

MARK C. DILLON, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2010-00146 In the Matter of David Thomas, respondent, v Sheri Trice, appellant. (Docket No. V-09419-07)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Family Court, Queens County, dated December 10, 2009, to unseal the transcript of the minutes of an in camera interview on October 30, 2009, and direct that a copy of the transcript be furnished to her assigned counsel, and to be furnished with a copy of the transcript of the minutes of the proceedings which occurred on April 13, 2009.

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 to be furnished with a copy of the transcript of the minutes of the proceedings which occurred on April 13, 2009, is granted to the extent that the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the minutes of the proceedings which occurred on April 13, 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 order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted to the extent that the time to perfect the appeal is enlarged, and the appellant shall advise this court expeditiously when the reconstruction hearing has been held; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court