| Matter of Pena v Tiburcio |
| Motion No: 2016-06121 |
| Slip Opinion No: 2017 NY Slip Op 69972(U) |
| Decided on April 10, 2017 |
| 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
M229128
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2016-06121 In the Matter of Pedro Pena, respondent, v Rosa Tiburcio, appellant. (Docket Nos. V-22414-10/11E, V-15026-11/11E)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, for a reconstruction hearing with respect to certain portions of the proceedings which occurred on April 18, 2013, and August 12, 2013, and all of the proceedings which occurred on July 16, 2014, on an appeal from an order of the Family Court, Queens County, dated May 6, 2016, and to enlarge the time to perfect the appeal.
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, Queens County, for a reconstruction hearing with respect to those portions of the proceedings which occurred on April 18, 2013, and August 12, 2013, for which transcripts are unavailable or missing, and all of the proceedings which occurred on July 16, 2014, in the above-entitled matter; 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 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 branch of the motion which is to enlarge the time to perfect the appeal is held in abeyance in the interim; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court