Appellate Division: Second Judicial Department

M166668

E/sl

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2013-04557 In the Matter of Daria M. Sullivan, respondent-appellant, v Steven S. Plotnick, appellant-respondent. (Proceeding No. 1) In the Matter of Steven S. Plotnick, appellant-respondent, v Daria M. Sullivan, respondent-appellant. (Proceeding No. 2) (Docket Nos. V-6682-04/07D, V-6683-04/07D, V-6682-04/10J, V-6683-04/10J, V-6682-04/12M, V-6683-04/112M, F-3561-07/11F)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant on an appeal and cross appeal from an order of the Family Court, Nassau County, dated April 5, 2013, for a reconstruction hearing with respect to certain proceedings, in effect, to enlarge the time to perfect the appeal and cross appeal, and to stay a hearing on a violation petition filed by the appellant-respondent in the above-entitled matters, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition and 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 July 1, 2009, March 30, 2010, October 13, 2010, October 14, 2010, October 15, 2010, and May 12, 2012, 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 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-respondent'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-respondent's counsel. The appellant-respondent's counsel is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves the appellant-respondent's brief upon those parties; and it is further,

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

ORDERED that the branch of the motion which is, in effect, to enlarge the time to perfect the appeal and cross appeal is granted, and the appellant-respondent's time to perfect the appeal is enlarged until 60 days after the reconstruction hearing is completed; and it is further,

ORDERED that the respondent-appellant shall serve and file her answering brief, including the points of argument on the cross appeal, in accordance with the rules of the Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court