Siberio v. Siberio

Appeal from an order of the Family Court of Sullivan County (Meddaugh, J.), entered May 13, 1993, which, in a proceeding pursuant to Family Court Act article 6, granted respondent’s motion to dismiss the petition for failure to prosecute.

Petitioner failed to appear for a court hearing, claiming through his attorney that he had the flu. The attorney requested an adjournment. Respondent’s attorney moved to dismiss the proceeding for failure to prosecute. The motion was granted by Family Court without prejudice and petitioner now appeals.

The record reveals that after the order of dismissal, a…