Appellate Division: Second Judicial Department

M178205

S/sl

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2013-09106 In the Matter of Alexa V. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Antonio V. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Tristan V. (Anonymous). Orange County Department of Social Services, petitioner-respondent; Antonio V. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-196-10/11A, N-197-10/11A)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 6, 2014, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the respondent-appellant to enlarge the record on an appeal from an order of the Family Court, Orange County, dated September 5, 2013, to include the transcripts of proceedings which occurred in the Supreme Court, Orange County, under Docket Nos. NN-196-10 and NN-197-10 (IDV No. 340), on the following dates: March 18, 2010, March 25, 2010, April 29, 2010, May 13, 2010, May 20, 2010, June 17, 2010, June 18, 2010, July 8, 2010, August 26, 2010, September 23, 2010, October 21, 2010, December 9, 2010, January 20, 2011, March 3, 2011, March 17, 2011, June 2, 2011, June 23, 2011, July 12, 2011, July 13, 2011, July 14, 2011, November 3, 2011, January 24, 2012, January 26, 2012 (in camera), February 9, 2012, March 8, 2012, August 2, 2012, September 20, 2012, December 6, 2012, March 21, 2013, June 20, 2013, and July 18, 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 motion is granted and the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings which occurred in the Supreme Court, Orange County, under Docket Nos. NN-196-10 and NN-197-10 (IDV No. 340), on the following dates: March 18, 2010, March 25, 2010, April 29, 2010, May 13, 2010, May 20, 2013, June 17, 2010, June 18, 2010, July 8, 2010, August 26, 2010, September 23, 2010, October 21, 2010, December 9, 2010, January 20, 2011, March 3, 2011, March 17, 2011, June 2, 2011, June 23, 2011, July 12, 2011, July 13, 2011, July 14, 2011, January 24, 2012, February 9, 2012, March 8, 2012, August 2, 2012, September 20, 2012, December 6, 2012, March 21, 2013, June 20, 2013, and July 18, 2013, if any, except for those minutes previously transcribed and certified (22 NYCRR 671.9); 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 assigned 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 children, if any, when counsel serves the appellant's brief upon those parties; and it is further,

ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify a transcript of the minutes of the in camera hearings which occurred before the Family Court, Orange County, on January 26, 2012, if available, except for those minutes previously transcribed and certified (22 NYCRR 671.9); in the case of stenographers, the transcripts shall be filed with the clerk of the Family Court, under seal, and the clerk of the Family Court shall file the transcripts with this court, under seal, without cost; in the case of transcription service(s), both copies shall be delivered to this court, to be filed, under seal; and it is further,

ORDERED that the appellant's counsel is directed to serve a copy of this decision and order on motion upon the clerk of the Family Court, Orange County, and the clerk of the Supreme Court, Orange County.

BALKIN, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court