Appellate Division: Second Judicial Department

M176139

E/ct

THOMAS A. DICKERSON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2013-09092 In the Matter of Lesley Ann Ryan, respondent, v Stephen Alexander, appellant. (Docket Nos. V-5066-09, V-26096-08)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for a reconstruction hearing with respect to the testimony of Christine Alexander which occurred before the Family Court, on August 14, 2013, on an appeal from an order of the Family Court, Kings County, dated August 14, 2013, and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the matter is referred to the Family Court, Kings County, for a reconstruction hearing with respect to the testimony of Christine Alexander which occurred before the Family Court, on August 14, 2013, in the above-entitled case; if the minutes of that testimony 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 appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.4[a][2]) and by serving and filing the appellant's brief on the appeal is enlarged until 30 days after receipt of the minutes of the reconstruction hearing.

DICKERSON, J.P., LEVENTHAL, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court