| Matter of Cohen v Escabar |
| Motion No: 2021-05480 |
| Slip Opinion No: 2023 NY Slip Op 60184(U) |
| Decided on January 6, 2023 |
| 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
M286622
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
JOSEPH A. ZAYAS
LILLIAN WAN, JJ.
|
2021-05480 In the Matter of Jamie Cohen, respondent, v Louis Escabar, appellant. (Docket No. O-2254-2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Family Court, Suffolk County, dated June 28, 2021. Motion by the appellant, inter alia, for a reconstruction hearing with respect to Petitioner's Exhibit 1, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for a reconstruction hearing with respect to Petitioner's Exhibit 1 is granted, and the matter is referred to the Family Court, Suffolk County, for a reconstruction hearing concerning that exhibit; if the exhibit 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 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's time to perfect the appeal by causing the original papers constituting the record on appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving the appellant's brief, and uploading a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until March 6, 2023; and it is further,
ORDERED that the motion is otherwise denied.
BARROS, J.P., WOOTEN, ZAYAS and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court