ROBERT C. v. KATHERINE D.


56 A.D.3d 297 (2008)

867 N.Y.S.2d 404

In the Matter of ROBERT C., Appellant, v. KATHERINE D., Respondent.

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

November 13, 2008.


Dismissal of the petition without prejudice due to petitioner's nonappearance at the scheduled hearing was appropriate. Although the incarcerated petitioner argues that his failure to appear was due to the court's erroneous insistence that it would not issue an order to produce him unless personal service was effected upon respondent, the record indicates otherwise. The court, while initially indicating that personal service of the summons and petition upon respondent was...

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