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MATTER OF METCHICK v. DUBRAY

138 A.D.2d 772 (1988)

In the Matter of David M. Metchick, Respondent, v. Colleen Dubray, Appellant

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

March 3, 1988

Yesawich, Jr., J.

This matter is before us after having been remitted to County Court to determine what transpired on May 1, 1986, the return date of petitioner's petition (see, 131 A.D.2d 951). While it is unclear from the "so-called" reconstruction hearing what actually occurred, no one contends that respondent affirmatively waived the trial she was entitled to have on the return day (see, RPAPL 745...

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