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MATTER OF NASSER v. ABRAHAM

105 A.D.2d 1096 (1984)

In the Matter of Michael J. Nasser, as Commissioner of Department of Social Services, on Behalf of Donna S. Williams, Appellant, v. William Abraham, Respondent. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 7, 1984

Order unanimously reversed, without costs, and petition reinstated.

Memorandum:

Family Court erred in dismissing two support petitions on the ground of respondent's failure to appear at the hearing (see, generally, Family Ct Act, § 441; Besharov, Practice Commentary, McKinney's Cons Laws of NY, Book 29A; Family Ct Act, § 441). Instead of rewarding respondent for his nonappearance by dismissing the proceedings, Family Court could have granted an adjournment...

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