Opinion
Motion Nos 2023-03105 2023-03208 Docket Nos. NN-786-2021 NN-786-2021/2022F
05-20-2024
In the Matter of Olivia B. (Anonymous). Suffolk County Department of Social Services, petitioner-respondent; George B. (Anonymous), respondent-appellant.
Unpublished Opinion
MOTION DECISION
M296507
AFA/VALERIE BRATHWAITE NELSON, J.P., LINDA CHRISTOPHER, DEBORAH A. DOWLING, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Family Court, Suffolk County, both dated February 27, 2023. By order to show cause dated April 1, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled proceedings for failure to comply with a scheduling order dated April 10, 2023, issued pursuant to § 670.3(b)(2) of the rules of this Court (22 NYCRR 670.3[b][2]). Motion by the appellant for a reconstruction hearing with respect to the proceedings of the Family Court, Suffolk County, which occurred on February 9, 2022, and August 8, 2022.
Now, upon the order to show cause and the papers filed in response thereto, and 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 motion to dismiss the appeals is denied; and it is further, ORDERED that the motion for a reconstruction hearing with respect to the proceedings of the Family Court, Suffolk County, which occurred on February 9, 2022, and August 8, 2022, is granted, and the matter is referred to the Family Court, Suffolk County, for a reconstruction hearing concerning the proceedings which occurred on February 9, 2022, and August 8, 2022; 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 appeals, including the attorney for the child, if any; 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 appeals are taken.
BRATHWAITE NELSON, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.