Appellate Division: Second Judicial Department

M142976

J/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-09378 In the Matter of Marcelina M.-G. (Anonymous), petitioner-appellant, v Israel S. (Anonymous), et al., respondents; Susy M.-G. (Anonymous), nonparty- appellant. (Docket No. V-6881/11)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant on appeals from an order of the Family Court, Westchester County, dated September 13, 2011, to unseal the record of certain related proceedings and to enlarge the record to include the transcripts and records pertaining to those proceedings. By decision and order on motion of this Court dated May 23, 2012, the matter was remitted to the Family Court, Westchester County, to report on whether transcripts and records pertaining to the proceedings commenced in the Family Court, Westchester County, under Docket Nos. G-17418/09 and G-17420/09, were considered in making the determination in the order dated September 13, 2011. The Family Court, Westchester County, has filed its report dated July 31, 2012.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the report of the Family Court, Westchester County, dated July 31, 2012, it is

ORDERED that the branch of the motion which is to enlarge the record is granted to the extent that the record on this appeal is enlarged to include the transcripts and records pertaining to the proceedings commenced in the Family Court, Westchester County, under Docket Nos. G-17418/09 and G-17420/09; and it is further,

ORDERED that the branch of the motion which is to unseal the record of certain related proceedings is granted to the extent that in the event the files in the proceedings commenced in the Family Court, Westchester County, under Docket Nos. G-17418/09 and G-17420/09 have been sealed, they are hereby unsealed for the limited purpose of allowing the transcription of the proceedings in those matters and allowing counsel for the nonparty-appellant or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the nonparty-appellant; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the appellants' time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing their respective briefs on the appeals is enlarged until November 9, 2012.

RIVERA, J.P., DICKERSON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court