Opinion
June 5, 1995
Appeal from the Family Court, Westchester County (Scancerelli, J., Mrsich, J.H.O.).
Ordered that the order is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Family Court, Westchester County, for further proceedings on the petition.
Since the father admitted paternity of the child in this case, it was error for the Judicial Hearing Officer to dismiss the petition when the mother failed to appear after the paternity proceeding had been adjourned once because of her nonappearance (cf., Matter of McEwen [Gerri L.] v. Donnie R.O., 192 A.D.2d 708). Mangano, P.J., O'Brien, Ritter, Pizzuto and Florio, JJ., concur.