Opinion
NN-22927-2018 NN-22928-2018 NN-22929-2018 NN-22930-2018 NN-22931-2018
01-05-2022
In the Matter of Saphire R. (Anonymous). Administration for Children's Services, petitioner-respondent; Christopher R. (Anonymous), respondent-appellant. (Proceeding No. 1) In the Matter of Keziah R. (Anonymous). Administration for Children's Services, petitioner-respondent; Christopher R. (Anonymous), respondent-appellant. (Proceeding No. 2) In the Matter of Josiah R. (Anonymous). Administration for Children's Services, petitioner-respondent; Christopher R. (Anonymous), respondent-appellant. (Proceeding No. 3) In the Matter of Xayahna T. G. (Anonymous). Administration for Children's Services, petitioner-respondent; Christopher R. (Anonymous), respondent-appellant. (Proceeding No. 4) In the Matter of Xavier T. G. (Anonymous). Administration for Children's Services, petitioner-respondent; Christopher R. (Anonymous), respondent-appellant. (Proceeding No. 5) Motion Nos. 2021-05140, 2021-05142
Unpublished Opinion
MOTION DECISION
M280828
E/sl
COLLEEN D. DUFFY, J.P., FRANCESCA E. CONNOLLY, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeals by Christopher R. from two orders of the Family Court, Kings County, dated May 23, 2019, and March 12, 2020, respectively. Motion by the respondent-appellant for a reconstruction hearing with respect to the proceedings which occurred on February 27, 2019, and, in effect, to direct the petitioner-respondent to produce its hearing exhibits 1, 2, 3, and 4, or for a reconstruction hearing with respect to those exhibits if they cannot be produced, and to vacate the orders appealed from if the proceedings and the exhibits cannot be reconstructed, and to extend the time to perfect the appeals.
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 branches of the motion which are for a reconstruction hearing with respect to the proceedings which occurred on February 27, 2019, and, in effect, to direct the petitioner-respondent to produce its hearing exhibits 1, 2, 3, and 4, or for a reconstruction hearing with respect to those exhibits if they cannot be produced, are granted, on or before January 19, 2022, the petitioner-respondent shall produce its hearing exhibits 1, 2, 3, and 4 to the respondent-appellant, if they are within the petitioner-respondent's possession, or advise the respondent-appellant, in writing, that it does not possess those exhibits, the matter is referred to the Family Court, Kings County, for a reconstruction hearing concerning the proceedings which occurred on February 27, 2019, and, if necessary, exhibits 1, 2, 3, and 4; if the minutes or any of the exhibits 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; the appellant is directed to provide copies of said transcripts to all of the other parties to the appeal, including the attorney for the children, if any, when counsel serves a brief upon those parties; and it is further, ORDERED that the branch of the motion which is to vacate the orders appealed from if the proceedings and the exhibits cannot be reconstructed is denied without prejudice to renew after the conclusion of the reconstruction hearing and/or issuance of the report; 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 respondent-appellant shall perfect the appeal within 45 days after the conclusion of the reconstruction hearing or issuance of the report, whichever occurs last; the parties shall notify this Court, in writing, via email at AD2-Motions@nycourts.gov, when the reconstruction hearing has concluded and the report issued.
DUFFY, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.