GILMARTIN v. GILMARTIN


234 A.D.2d 129 (1996)

651 N.Y.S.2d 43

Edward Gilmartin, Respondent, v. Olga Gilmartin, Appellant

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

December 17, 1996


We reject defendant's contention that the Referee erred in proceeding with the hearing in defendant's absence, since the Referee repeatedly had adjourned the matter for a 12 month period, even though there was no indication that defendant would in fact return to New York. Further, defendant's counsel never adequately explained why relevant medical or other evidence was not provided either on the day that defendant did testify or on scheduled dates during her extended absence...

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