Appellate Division: Second Judicial Department

M153143

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-11829, 2011-11830 In the Matter of Shannon L. Samida, appellant, v Christopher M. Samida, respondent. (Proceeding No. 1) In the Matter of Christopher M. Samida, respondent, v Shannon L. Samida, appellant. (Proceeding No. 2) (Docket Nos. O-11176/10, O-11177/10)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Family Court, Nassau County, both dated November 7, 2011, for a reconstruction hearing with respect to the proceedings which occurred on November 7, 2011, after 4:24:59 P.M., and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation 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, Nassau County, for a reconstruction hearing with respect to the proceedings which occurred on November 7, 2011, after 4:24:59 P.M., in the above-entitled case; if the minutes of those proceedings cannot be reconstructed the Family Court shall issue a report to this Court with all convenient speed; and it is further,

ORDERED that the respondent 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 to enlarge the time to serve and file a brief is held in abeyance pending completion of the reconstruction hearing; the parties shall advise the Court expeditiously when the hearing is completed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court