Appellate Division: Second Judicial Department

M183239

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2014-01531 In the Matter of Amanda P. S. (Anonymous), etc. Westchester County Department of Social Services, petitioner-respondent; Frances C. (Anonymous), et al., respondents-appellants. (Docket Nos. B-12084-11, B-12085-11)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant Raymond S., inter alia, for a reconstruction hearing with respect to certain proceedings on appeals from an order of the Family Court, Westchester County, dated January 23, 2014, and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition 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, Westchester County, for a reconstruction hearing with respect the proceedings which occurred on October 15, 2012, and October 16, 2012, the testimony of Stephanie G. given on October 24, 2012, the testimony of Frances C. given on July 3, 2013, and the inaudible statements of the Family Court Judge made on April 10, 2013, in the above-entitled proceedings; if the minutes 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 counsel for the respondent-appellant Raymond S., 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 counsel for the respondent-appellant Raymond S. Counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves a brief upon those parties; and it is further,

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, and the time to perfect the appeals 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 their respective briefs on the appeals is enlarged until 30 days after receipt of the minutes of the reconstruction hearing; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., LEVENTHAL, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court