LAPKIN v. LAPKIN


224 A.D.2d 199 (1996)

637 N.Y.S.2d 386

Donna Lapkin, Respondent, v. Mitchell Lapkin, Appellant

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

February 6, 1996


One who refuses to attend a hearing cannot claim that his absence was a denial of due process (Burke v Commissioner of Parole, 52 A.D.2d 589). Defendant's counsel appeared and contested plaintiff's motion for a commitment order on the merits without objecting to any alleged defects in the notice and warning required by Judiciary Law § 756. Thus, defendant waived the protections afforded...

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