Appellate Division: Second Judicial Department

M170897

E/sl

MARK C. DILLON, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-08598 In the Matter of Andrew Richards, respondent, v Latoya Rhone, appellant. (Docket No. V-5846-08/11C)

DECISION & ORDER ON MOTION

Motion by Latoya Rhone on an appeal from an order of the Family Court, Nassau County, dated August 1, 2013, for a reconstruction hearing with respect to the proceedings which occurred on March 7, 2013, and March 8, 2013. Application by the respondent to direct the appellant to furnish counsel for the respondent and the attorney for the child with the transcripts of all other available proceedings before the reconstruction hearing.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion 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 March 7, 2013, and March 8, 2013, 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'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 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 application is denied.

DILLON, J.P., HALL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court