| Matter of Y. (Anonymous), Marina; Y. (Anonymous), Mario; |
| Motion No: 2014-09932 |
| Slip Opinion No: 2015 NY Slip Op 84339(U) |
| Decided on September 11, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M198226
E/ct
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-09932 In the Matter of Marina Y. (Anonymous). Administration for Children's Services, petitioner-respondent; Gamal Y. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Mario Y. (Anonymous). Administration for Children's Services, petitioner-respondent; Gamal Y. (Anonymous), respondent-appellant. (Proceeding No. 2) (Docket Nos. N-4217-13, N-4216-13)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Family Court, Richmond County, dated September 19, 2014, inter alia, for a reconstruction hearing with respect to the testimony of Gamal Y. which occurred in the above-entitled proceedings which occurred on September 19, 2014.
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 is granted, and the motion is otherwise denied; and it is further,
ORDERED that the matter is referred to the Family Court, Richmond County, for a reconstruction hearing with respect to the testimony of Gamal Y. which occurred on September 19, 2014, 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 respondent-appellant is directed to provide copies of said transcripts to all of the other parties to the appeals, 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 appeal is taken; and it is further,
ORDERED that the respondent-appellant's time to serve and file a brief is enlarged until 30 days after receipt of the minutes of the reconstruction hearing.
MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court