Appellate Division: Second Judicial Department

M190387

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-06698, 2014-06700 In the Matter of Deatrus Amir D. (Anonymous). Administration for Children's Services, petitioner- respondent; Astoria D. (Anonymous), respondent- appellant. (Proceeding No. 1) In the Matter of Deatrus Amari D. (Anonymous). Administration for Children's Services, petitioner- respondent; Astoria D. (Anonymous), respondent- appellant. (Proceeding No. 2) (Docket Nos. N-423-13, N-4234-13)

DECISION & ORDER ON MOTION

2014-06702

In the Matter of Deatrus C. D. (Anonymous),

petitioner-respondent, v Administration for Children's

Services, respondent, Astoria D. (Anonymous),

respondent-appellant.

(Docket Nos. V-14101-13/13A, V-14102-13/13A)

Motion by the respondent-appellant for a reconstruction hearing with respect to certain proceedings which occurred in the Family Court, Queens County, on appeals from two orders of that court dated August 21, 2013, and June 5, 2014, respectively, under Docket Nos. N-423-13, N-4234-13, and an order of the same court dated June 5, 2014, under Docket Nos. V-14101-13/13A, V-14102-13/13A, and, in effect, to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is for a reconstruction hearing with respect the proceedings which occurred on June 28, 2013, is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect those 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 with respect the proceedings which occurred on June 28, 2013, 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, 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. 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 a brief upon those parties; and it is further,

ORDERED that the respondent-appellant 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 for a reconstruction hearing with respect the proceedings which occurred on June 27, 2013, and December 9, 2013, is denied with leave to renew in the event that the parties cannot stipulate to the correctness of the available transcripts of the proceedings which occurred on those dates; 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 is enlarged until 30 days after receipt of the minutes of the reconstruction hearing.

DILLON, J.P., LEVENTHAL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court