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MATTER OF GINTHER v. GINTHER

11 A.D.3d 977 (2004)

782 N.Y.S.2d 387

In the Matter of GEORGE GINTHER, Appellant, v. MARY O'GRADY GINTHER, Respondent. (Appeal No. 1.)

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

October 1, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

With respect to the order in appeal No. 1, we conclude that Family Court properly denied the objections of petitioner to the Hearing Examiner's order dismissing his petition without prejudice based upon petitioner's failure to appear at the hearing before the Hearing Examiner or to provide a reasonable excuse for the failure to do so...

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