Opinion
2013-02-27
In the Matter of JEFFREY H. (Anonymous), appellant, v. CRYSTAL E. (Anonymous), respondent. (Proceeding No. 1). In the Matter of Jeffrey H. (Anonymous), appellant, v. Crystal E. (Anonymous), et al., respondents. (Proceeding No. 2).
Peter Dailey, New York, N.Y., for appellant. Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for respondents Jane Doe and Mary Doe.
Peter Dailey, New York, N.Y., for appellant. Magovern & Sclafani, New York, N.Y. (Frederick J. Magovern of counsel), for respondents Jane Doe and Mary Doe.
Catherine A. Sheridan, Carle Place, N.Y., attorney for the child.
In a paternity proceeding pursuant to Family Court Act article 5, and a related child custody and visitation proceeding pursuant to Family Court Act article 6, the petitioner appeals from two orders of the Family Court, Kings County (Valme–Lundy, Ct.Atty.Ref.), both dated December 20, 2011, which dismissed the petitions, without prejudice to refiling, for failure to prosecute.
ORDERED that orders are affirmed, without costs or disbursements.
Under the circumstances of this case, the Family Court did not improvidently exercise its discretion in dismissing the petitions without prejudice to refiling ( see generally Matter of Chartock v. Wood, 267 A.D.2d 236, 699 N.Y.S.2d 315;Matter of McEwen v. Donnie R.O., 192 A.D.2d 708, 598 N.Y.S.2d 732).