Matter of C. (Anonymous), Tovi; Administration for Children's Service
Motion No: 2021-07183
Slip Opinion No: 2022 NY Slip Op 64067(U)
Decided on April 6, 2022
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M282298

MB/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

JOSEPH J. MALTESE

LARA J. GENOVESI, JJ.

2021-07183

In the Matter of Tovi C. (Anonymous).

Administration for Children's Services,

petitioner-respondent; Angie C. (Anonymous),

respondent-appellant.

(Docket No. N-6699-2020)

DECISION & ORDER ON MOTION

Appeal by Angie C. from an order of the Family Court, Queens County, dated August 12, 2021. Motion by the appellant for a reconstruction hearing with respect to the proceedings of the Family Court, Queens County, which occurred on March 23, 2021, and April 16, 2021, and to extend 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 with respect to the proceedings of the Family Court, Queens County, which occurred on March 23, 2021, and April 16, 2021, is granted, and the matter is referred to the Family Court, Queens County, for a reconstruction hearing concerning those proceedings; 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 extend the time to perfect the appeal is granted and the appellant shall perfect the appeal within 30 days after the conclusion of the reconstruction hearing or issuance of the report; the parties shall notify this Court, in writing, via email at [email protected], when the reconstruction hearing has concluded or any report issued.

DILLON, J.P., DUFFY, MALTESE and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court