| Matter of B. (Anonymous), Floyd J.; Little Flower Children and Family |
| Motion No: 2018-02048 |
| Slip Opinion No: 2018 NY Slip Op 76877(U) |
| Decided on July 6, 2018 |
| 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
M252185
E/afa
WILLIAM F. MASTRO, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2018-02048 In the Matter of Floyd J. B. (Anonymous) IV, etc. Little Flower Children and Family Services of New York, petitioner-respondent; Floyd B. (Anonymous), etc., respondent-appellant. (Docket No. B-14282-15)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant, in effect, for summary reversal on an appeal from an order of the Family Court, Queens County, dated January 23, 2018, or, in the alternative, for a reconstruction hearing with respect to the proceedings which occurred on January 3, 2017, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, for summary reversal is denied; and it is further,
ORDERED that the branch of the motion which is for a reconstruction hearing with respect to the proceedings which occurred on January 3, 2017, is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing with respect to the proceedings which occurred on January 3, 2017, in the above-entitled matter and if, following the hearing, 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 respondent-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 respondent-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 granted to the extent that the Clerk of the Court shall issue a scheduling order following transcription of the reconstruction hearing or report of the Family Court.
MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court