Opinion
April 26, 1993
Appeal from the Family Court, Dutchess County (Bernhard, J.).
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 be considered. Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.