Appellate Division: Second Judicial Department

M118498

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2010-08278 In the Matter of Lisa Ann Parrella, respondent, v Heather Freely, appellant. (Docket No. O-6754-09)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the record on an appeal from an order of the Family Court, Nassau County, entered July 13, 2010, to include the transcript of proceedings which occurred on December 23, 2009, and to enlarge the time to perfect the appeal.

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 enlarge the record to include

the transcript of proceedings which occurred on December 23, 2009, is granted, and the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings which occurred on December 23, 2009, in the matter entitled Matter of Parrella v Freely, commenced in the Family Court, Nassau County, under Docket No. O-6754-09, except for those minutes previously transcribed and certified (22 NYCRR 671.9); 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 assigned 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 assigned counsel; assigned counsel is directed to provide copies of said transcript 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 assigned counsel shall 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, and the appeal in the above-entitled proceeding shall be perfected within 30 days after the receipt by the appellant of the transcript of the minutes of the proceedings on December 23, 2009, and the appellant shall notify this Court by letter of the date the transcript is received; and it is further,

ORDERED that the motion is otherwise denied as unnecessary.

SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court