In the Matter of a Custody/Visitation Proceeding Pursuant to Article 6 of the Family Court Act. Boris K.

Motion No: M-621

Slip Opinion No: 2018 NYSlipOp 67553(U)

Decided on March 22, 2018

Appellate Division, First 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.

March 22, 2018

In the Matter of a Custody/Visitation

Proceeding Pursuant to Article 6 of

the Family Court Act.CONFIDENTIAL

- - - - - - - - - - - - - - - -Boris K.,Docket Nos. V-49792/12

Petitioner-Respondent,V-9893/13

V-48/13

v

Maria E.,

Respondent-Appellant.

- - - - - - - - - - - - - - - -

Seth Kaufman, Esq.,

Attorney for the Child.

An appeal having been taken to this Court from the order of the Family Court, New York County, entered on or about February 14, 2017, and said appeal having been perfected, And petitioner-respondent having moved for an order:

1) remanding the matter to the Family Court, for a reconstruction hearing with respect to the portions of the proceedings conducted on October 26, 2015, November 10, 2015, January 27, 2016, February 9, 2016 and May 12, 2016, and to provide the corrected transcripts to this Court, 2) to hold the appeal in abeyance pending disposition of these proceedings, and 3) to enlarge the record on appeal to include transcripts of Family Court proceedings where no testimony was taken, but where counsel for the parties presented matters, issues and concerns determined by the Family Court, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of remanding the matter to the Family Court for a reconstruction hearing of the proceedings conducted on October 26, 2015,

November 10, 2015, January 27, 2016, February 9, 2016 and May 12, 2016 and to provide the corrected transcripts to this Court. The perfected appeal is adjourned to the October 2018 term, with leave to seek further adjournments, if necessary. The motion is otherwise denied as unnecessary.ENTERED: March 22, 2018

_____________________ DEPUTY CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Rosalyn H. Richter Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer,Justices

M-621