Appellate Division: Second Judicial Department

M176431

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2013-05390 In the Matter of Eryberto Tejada, respondent, v Shirley Tejada, appellant. (Docket No. V-3552-12)

DECISION & ORDER ON MOTION

Motion by Latoya Rhone on an appeal from an order of the Family Court, Queens County, dated March 27, 2013, for a reconstruction hearing with respect to the testimony of Natash Jacobs and the in camera testimony of the subject child, which occurred on January 23, 2013.

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 motion is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the proceedings with respect to the testimony of Natash Jacobs and the in camera testimony of the subject child, which occurred on January 23, 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 minutes of the reconstruction hearing concerning all proceedings on January 23, 2013, including the in camera hearing, once the reconstruction hearing has been completed; and it is further,

ORDERED that in the case of stenographers, both transcripts of the reconstruction hearing concerning all proceedings on January 23, 2013, except the in camera hearing, shall be filed with the Clerk of the Family Court, and both transcripts of the reconstruction hearing concerning the in camera hearing on January 23, 2013, shall be filed with the Clerk of the Family Court, under seal; the Clerk of the Family Court shall furnish one of the certified transcripts of the reconstruction hearing concerning all proceedings on January 23, 2013, except the in camera hearing, to the appellant's counsel, without charge, and shall file one of the certified transcripts of the reconstruction hearing concerning the in camera hearing on January 23, 2013, in the office of the Clerk of this court, under seal, without charge; and it is further,

ORDERED that in the case of transcription services, one transcript of the reconstruction hearing concerning all proceedings on January 23, 2013, except the in camera hearing, shall be filed with the Clerk of the Family Court, one transcript of the reconstruction hearing concerning all proceedings on January 23, 2013, except the in camera hearing, shall be delivered to the appellant's counsel, one transcript of the reconstruction hearing concerning the in camera hearing on January 23, 2013, shall be filed with the Clerk of the Family Court, under seal, and one transcript of the reconstruction hearing concerning the in camera hearing on January 23, 2013, shall be filed in the office of the Clerk of this court, under seal; and it is further,

ORDERED that the appellant's counsel is directed to provide copies of the transcripts that are furnished to him 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.

RIVERA, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court