Appellate Division: Second Judicial Department

M145148

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2012-06603 In the Matter of Theresa Napp-Ibanez, respondent, v Pierre Ibanez, appellant. (Docket No. O-9762-12)

DECISION & ORDER ON MOTION

Motion by the appellant for summary reversal of an order of the Family Court, Suffolk County, dated June 12, 2012, on the ground that the minutes of the proceedings cannot be transcribed.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the matter is referred to the Family Court, Suffolk County, for a reconstruction hearing with respect to the minutes of the proceedings; 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.

MASTRO, J.P., SKELOS, FLORIO and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court