Robert C. v. Katherine D.

Order, Family Court, Bronx County (Sue Levy, Ref.), entered on or about April 9, 2007, which, in a proceeding pursuant to article 6 of the Family Court Act, dismissed the petition for modification of a prior order of visitation without prejudice, unanimously affirmed, without costs.

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…