| Matter of Galizio v Galizio |
| Motion No: 2015-11552 |
| Slip Opinion No: 2016 NY Slip Op 73065(U) |
| Decided on May 10, 2016 |
| 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
M210904
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2015-11552 In the Matter of Renee Galizio, appellant, v Michael Galizio, respondent. (Docket Nos. V-5185-10/15E, V-5185-10/15F)
| DECISION & ORDER ON MOTION |
Motion by the attorney for the child for a reconstruction hearing with respect to missing portions of testimony which occurred on August 27, 2015, on an appeal from an order of the Family Court, Suffolk County, dated October 27, 2015, and to enlarge the time to serve and file a brief.
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 the branch of the motion which is for a reconstruction hearing is granted; and it is further,
ORDERED that the matter is referred to the Family Court, Suffolk County, for a reconstruction hearing with respect to the missing portions of the testimony which occurred on August 27, 2015, 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 appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the child, if any, when counsel serves a brief upon those parties; and it is further,
ORDERED that the attorney for the child 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 branch of the motion which is to enlarge the time to serve and file a brief is held in abeyance in the interim.
BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court