MATTER OF McEWEN v. O.


192 A.D.2d 708 (1993)

598 N.Y.S.2d 732

In the Matter of Katri S. McEwen, on Behalf of Gerri L., Appellant, v. Donnie R. O., Respondent

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

April 26, 1993


Ordered that the order dated January 10, 1991, is affirmed, without costs or disbursements.

Since the instant paternity proceeding had already been adjourned as a consequence of the mother's nonappearance, the Hearing Examiner did not improvidently exercise her discretion in dismissing the petition without prejudice to a subsequent refiling, when the mother again failed to appear for a hearing at which the contested issue of paternity was to...

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