Appellate Division: Second Judicial Department

M190626

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2014-07203 In the Matter of Nicola V. (Anonymous). Administration for Children's Services, petitioner-respondent; Patrick V. (Anonymous), respondent-appellant. (Docket Nos. N-05649-13/14A, N-05649-13)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent for a reconstruction hearing with respect to the testimony of Nicola V. on an appeal from an order of the Family Court, Queens County, dated July 15, 2014, and to enlarge the time to serve and file its brief.

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

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

ORDERED that the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the testimony of Nicola V., 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, if the minutes can be reconstructed; the petitioner-respondent 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 petitioner-respondent 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 petitioner-respondent's time to serve and file a brief is enlarged until 30 days after receipt of the minutes of the reconstruction hearing.

DILLON, J.P., DICKERSON, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court