Appellate Division: Second Judicial Department

M222995

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2016-01323, 2016-08202 In the Matter of Rhonda Root, appellant- respondent, v Bradford Root, respondent- appellant. (Docket Nos. F-9988-12/14G, F-9988-12/14H)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for a reconstruction hearing with respect to any proceedings on February 25, 2015, or February 26, 2015, in the above-entitled matter, on an appeal and cross appeal from an order of the Family Court, Westchester County, dated January 13, 2016.

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

ORDERED that the motion is granted, and the matter is remitted to the Family Court, Westchester County, for a reconstruction hearing with respect to any proceedings on February 25, 2015, or February 26, 2015, in the above-entitled matter; if the minutes cannot be reconstructed; and it is further,

ORDERED that pursuant to § 670.4(a) of the rules of this Court (22 NYCRR 670.4[a]), within 30 days after the date of the conclusion of the reconstruction hearing, the appellant-respondent shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that reconstruction of the missing minutes could not be accomplished; or

(2) if the transcript of the reconstruction hearing has been received, an affidavit or affirmation stating that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing the appeal.

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court