Appellate Division: Second Judicial Department

M240711

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-03591 In the Matter of Joseph McLaughlin, appellant, v Audrey deWys McLaughlin, respondent. (Docket No. F-8615-15/16C)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for a reconstruction hearing concerning the proceedings which occurred on May 25, 2016, and June 17, 2016, in the above entitled matter on an appeal from an order of the Family Court, Westchester County, dated June 21, 2016.

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

ORDERED that the branch of the motion which is for a reconstruction hearing concerning the proceedings which occurred on May 25, 2016, and June 17, 2016, is granted, and the matter is referred to the Family Court, Westchester County, for a reconstruction hearing with respect to the proceedings which occurred on May 25, 2016, and June 17, 2016, 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 motion is otherwise denied; 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.

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court