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FATHER WAS 40 MINUTES LATE FOR A HEARING, FATHER’S PETITION SHOULD NOT HAVE BEEN DISMISSED (SECOND DEPT).

The Second Department, reversing Family Court, determined father’s petition should not have been dismissed because he was 40 minutes late for a hearing:

… [T]he father explained that he had miscalendared the time of the hearing. Although we are sensitive to the Family Court’s interest in adhering to its time-specific calendaring process, we find that, in light of the relatively short delay, the proceedings that had already taken place on the petition, the absence of prejudice to the mother, and the public policy in favor of resolving cases on the merits, the court improvidently exercised its discretion in denying the father’s objections … . Moreover, the father showed that he had a potentially meritorious petition … . Matter of Pecoraro v Ferraro, 2019 NY Slip Op 00129, Second Dept 1-9-19

 

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