Appellate Division: Second Judicial Department

M148991

E/mv

PETER B. SKELOS, J.P.

MARK C. DILLON

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-04802 In the Matter of Stephen D. A. (Anonymous). Administration for Children's Services, petitioner- respondent; Sandra M. (Anonymous), also known as Sandra M. A. (Anonymous), appellant, et al., respondent. (Docket No. N-14666/01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Family Court, Queens County, dated September 23, 2008, in effect, for summary reversal or, in the alternative, for a reconstruction hearing and to enlarge the time to perfect the appeal. Cross motion by the attorney for the child to dismiss the appeal on the ground that no appeal lies from an order entered upon the consent of an appealing party or that the appeal was untimely taken.

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

ORDERED that the branch of the motion which is for a reconstruction hearing is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the proceedings which occurred on October 12, 2001, October 17, 2001, October 22, 2001, January 3, 2002, March 14, 2002, September 17, 2002, October 9, 2002, October 30, 2002, December 10, 2002, January 28, 2003, February 6, 2003, March 23, 2003, April 1, 2003, April 2, 2003, April 3, 2003, April 8, 2003, April 11, 2003, April 14, 2003, April 15, 2003, June 18, 2003, February 19, 2004, June 23, 2004, August 19, 2004, September 23, 2004, January 13, 2005, January 19, 2005, January 18, 2006, January 25, 2006, February 14, 2006, February 24, 2006, April 11, 2006, June 13, 2006, October 23, 2006, December 13, 2006, January 24, 2007, and February 25, 2008, in the above-entitled case; if the minutes of any proceedings set forth above cannot be reconstructed the Supreme Court shall issue a report to this Court with all convenient speed; and it is further,

ORDERED that the appellant is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the branch of the motion which is for summary reversal is denied; 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 shall be perfected within 60 days after the reconstruction hearing is completed; and it is further,

ORDERED that the cross motion is denied.

SKELOS, J.P., DILLON, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court